Ch5 funeral establishment operataions Flashcards
Classification of driver that is an independent contractor
-Automotive equipment made available for hire
-Has the action held against them
-FD only controls in terms of the final destination
Livery driver
Classification of driver where the example is the mourners in a funeral procession
-not controlled by the FD and therefore FD is not liable. Unless it is proven that the FD does not instruct them properly
Volunteers
Classification of driver - employees of the funeral home.
-Principal - ___ law: if ___ commits negligent act, establishment and ___ have liability
Agent
Which of the following individuals is mostly likely to be classified as an agent driver
Bucky Wristwatches, a part time employee of the funeral home
What is an example of a FH keeping to the business record rule?
Embalming report
“If intentional or proved intentional, the FD can be held responsible for ___.”
Emotional distress
One who intentionally and without consent or privilege enters another’s property
Trespasser
One who has been invited on the property by the landowner
Invitee
Which of the following is true relating to trespassers?
-What is the degree of care owed to a trespasser?
Higher level of care owed to an invitee of a funeral establishment than a trespasser
What are the locations a FD can hold liability exposure at?
-Funeral establishments
-Religious facilities, cemeteries, and crematories
-Other venues: non traditional locations
Regulations enacted by local municipalities
Ordinances
Laws passed by a local unit of government which regulates and prescribes land use planning
Zoning ordinances
What are some examples of zoning ordinances?
-Larger capacity wastewater management system
-Minimum required parking spaces, including handicap spaces
-Approved landscaping plans
-Required outdoor lighting
-Minimum building setbacks from property lines
What dose “grandfathered” mean in terms of zoning?
The structure cannot be changed
What are the three zoning classifications?
-Residential (R)
-Commercial (C)
-Industrial (I)
Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use, or appearance of buildings
Building codes
Provision in a deed limiting the use of real property and prohibiting certain uses
Restrictive covenants
What are some examples of restrictive covenants?
-Prohibit vehicles from being parked overnight
-Stipulate the property may never be used for any commercial or business purposes
-Limit the use of extraordinary holiday decorations
A landowner’s use of property which interferes with the public or another’s landowner’s use of property
Nuisance
Acts, occupations, or structures which are nuisances at all times and under all circumstances
-May be prejudicial to public morals, dangerous to life, or injurious to public rights
-FH are not this
Nuisance per se
Acts, occupations, or structures that are not nuisance per se, but may become nuisances by reason of the location or manner in which it is operates
-FH can be classified as this if they do not operate properly
Nuisance in fact
What are some allied professions and affiliations that the states may regulate the FH association with?
-Crematories
-Cemeteries
-Retail/ commercial businesses
-Faculty uses
The delivery of personal property by one person to another who holds the property for certain purpose under an express or implied-in-fact contract
1. Person who delivers the property
2. Person who receives the personal property
Bailment
1. Bailor
2. Bailee
Is the exchange of a body a bailment? Why?
No, a body is not personal property. It is quasi property. A FD is not a bailor, they are instead a custodian
