Rights and Duties of the Funeral Director Sources of Duties 1)Laws and Regulations 2)Common Law...
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Transcript of Rights and Duties of the Funeral Director Sources of Duties 1)Laws and Regulations 2)Common Law...
Rights and Duties of the Funeral Director
Sources of Duties1) Laws and Regulations2) Common Law3) Funeral Contract
Laws and Regulations
State Laws: a) permits
b) health laws and regs.
Federal Laws
Local Laws
Common Law/Operation of Law
Reasonable/Prudent Standard2 duties:
1) not to interfere with the right of burial
– Wrongfully withholding a body– Loss of body– Mutilation of the body
2) exercising reasonable care and remaining prudent
– Injury to invitees– Injury to pallbearers and clergy
Funeral Contract
With the person who has the right to disposition
FD has no obligation regarding a particular dead body until a contract has been initiated
Contract
“an agreement between two or more competent persons which is enforceable by law”
Agreement:
All contracts are agreements but not all agreements are contracts.
4 Req’ts of a Valid Contract
1) mutual assent/”meeting of the minds”
2) competent parties
3) legal/lawful purpose
4) consideration
Mutual Assent/”Meeting of the Minds”
offeror, offeree, offer
An advertisement is not an offer; it is an invitation to trade.
Handing a consumer a GPL is not an offer but is an invitation to trade.
Duration of an offer:
Novation:
Acceptance:
Mutual Assent May Be Undermined
A) mistakefraud
Misrepresentation
B) duress
C) undue influencefiduciary relationship
Competent Parties
A) legal age
B) mental capacity
C) intoxication
Legal/Lawful Purpose
A) usury
B) contracts of unreasonable restraint of trade
Consideration
“ that which the promisor demands and receives as the price for a promise”
Invalid Consideration
Forebearance
Contracts Used in Funeral Service
Promissory Note: “a negotiable instrument containing a promise to pay”
Preneed Contract:
SFGSS is not a contract in NJ
Contract Suggestions
written is always preferred
follow-up oral agreements
use clear, specific terms
include a deadline
sign and initial changes
include material items
Statute of Frauds
“certain types of contracts which could only be enforced if in written form”
1) transfer of interest in real property
2) terms cannot be completed in 1 year
3) agreement to assume debt
4) executor/administrator pays debts of an estate out of personal funds
5) contracts of marriage
6) sale of goods is $500 or more
7) personal service contracts
Types of Contracts
Void contractVoidable contract
Executed contractExecutory contract
Oral contractWritten contract
Types of Contracts (cont’d)
Express contractImplied contract
Quasi contractUnenforceable contract
Bilateral contractUnilateral contract
Types of Contracts (cont’d)
Formal contract
Simple contract
Divisible contract
Joint and Several contract
Conditions of Termination
1) performance
2) operation of law
3) voluntary agreement
4) impossibility of performance
5) acceptance of breach