Ch5 funeral establishment operataions

Question 1

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

Answer 1

Livery driver

Question 2

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

Answer 2

Volunteers

Question 3

Classification of driver - employees of the funeral home.
-Principal - ___ law: if ___ commits negligent act, establishment and ___ have liability

Answer 3

Agent

Question 4

Which of the following individuals is mostly likely to be classified as an agent driver

Answer 4

Bucky Wristwatches, a part time employee of the funeral home

Question 5

What is an example of a FH keeping to the business record rule?

Answer 5

Embalming report

Question 6

“If intentional or proved intentional, the FD can be held responsible for ___.”

Answer 6

Emotional distress

Question 7

One who intentionally and without consent or privilege enters another’s property

Answer 7

Trespasser

Question 8

One who has been invited on the property by the landowner

Answer 8

Invitee

Question 9

Which of the following is true relating to trespassers?
-What is the degree of care owed to a trespasser?

Answer 9

Higher level of care owed to an invitee of a funeral establishment than a trespasser

Question 10

What are the locations a FD can hold liability exposure at?

Answer 10

-Funeral establishments
-Religious facilities, cemeteries, and crematories
-Other venues: non traditional locations

Question 11

Regulations enacted by local municipalities

Answer 11

Ordinances

Question 12

Laws passed by a local unit of government which regulates and prescribes land use planning

Answer 12

Zoning ordinances

Question 13

What are some examples of zoning ordinances?

Answer 13

-Larger capacity wastewater management system
-Minimum required parking spaces, including handicap spaces
-Approved landscaping plans
-Required outdoor lighting
-Minimum building setbacks from property lines

Question 14

What dose “grandfathered” mean in terms of zoning?

Answer 14

The structure cannot be changed

Question 15

What are the three zoning classifications?

Answer 15

-Residential (R)
-Commercial (C)
-Industrial (I)

Question 16

Laws, ordinances, and government regulations setting forth requirements for construction, maintenance, operation, occupancy, use, or appearance of buildings

Answer 16

Building codes

Question 17

Provision in a deed limiting the use of real property and prohibiting certain uses

Answer 17

Restrictive covenants

Question 18

What are some examples of restrictive covenants?

Answer 18

-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

Question 19

A landowner’s use of property which interferes with the public or another’s landowner’s use of property

Answer 19

Nuisance

Question 20

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

Answer 20

Nuisance per se

Question 21

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

Answer 21

Nuisance in fact

Question 22

What are some allied professions and affiliations that the states may regulate the FH association with?

Answer 22

-Crematories
-Cemeteries
-Retail/ commercial businesses
-Faculty uses

Question 23

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

Answer 23

Bailment
1. Bailor
2. Bailee

Question 24

Is the exchange of a body a bailment? Why?

Answer 24

No, a body is not personal property. It is quasi property. A FD is not a bailor, they are instead a custodian

Question 25

Restricts one party from competing directly with another party for a specified period of time or within a defined geographical location

Answer 25

Covenant not to compete
-Non compete agreement

Question 26

Where might covenants not to compete pop up?

Answer 26

-Purchase contracts
-Employment contracts