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Rights and Duties of the Funeral Director

Rights and Duties of the Funeral Director. Sources of Duties Laws and Regulations Common Law 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 Standard 2 duties:

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Rights and Duties of the Funeral Director

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  1. Rights and Duties of the Funeral Director Sources of Duties Laws and Regulations Common Law Funeral Contract

  2. Laws and Regulations • State Laws: a) permits b) health laws and regs. • Federal Laws • Local Laws

  3. Common Law/Operation of Law • Reasonable/Prudent Standard • 2 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

  4. 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

  5. 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.

  6. 4 Req’ts of a Valid Contract • 1) mutual assent/”meeting of the minds” • 2) competent parties • 3) legal/lawful purpose • 4) consideration

  7. 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:

  8. Mutual Assent May Be Undermined • A) mistake • fraud • Misrepresentation • B) duress • C) undue influence • fiduciary relationship

  9. Competent Parties • A) legal age • B) mental capacity • C) intoxication

  10. Legal/Lawful Purpose • A) usury • B) contracts of unreasonable restraint of trade

  11. Consideration • “ that which the promisor demands and receives as the price for a promise” • Invalid Consideration • Forebearance

  12. Contracts Used in Funeral Service • Promissory Note: “a negotiable instrument containing a promise to pay” • Preneed Contract: • SFGSS is not a contract in NJ

  13. Contract Suggestions • written is always preferred • follow-up oral agreements • use clear, specific terms • include a deadline • sign and initial changes • include material items

  14. 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

  15. Types of Contracts • Void contract • Voidable contract • Executed contract • Executory contract • Oral contract • Written contract

  16. Types of Contracts (cont’d) • Express contract • Implied contract • Quasi contract • Unenforceable contract • Bilateral contract • Unilateral contract

  17. Types of Contracts (cont’d) • Formal contract • Simple contract • Divisible contract • Joint and Several contract

  18. Conditions of Termination • 1) performance • 2) operation of law • 3) voluntary agreement • 4) impossibility of performance • 5) acceptance of breach

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