Duties of the Funeral Director

Question 1

The funeral director in carrying out the preparation of the body and the direction of the funeral service is under various legal and contractual duties. The sources of these duties are

Answer 1

Statutory laws of the state
Requirements of the funeral contract
Common law

Question 2

In nearly all jurisdictions, the funeral director is required to obtain permits from appropriate authorities to arrange for the proper disposition of the dead. Typically, this involves obtaining what?

Answer 2

Death Certificate
Burial Permit
Transit Permit

Question 3

State and municipal statutes and regulations which require these permits have been upheld by courts as

Answer 3

Reasonable exercises by the state of its police power to protect the health of the public

Question 4

In Meyers v. Clarke, the court found that a regulation of the Department of Health requiring a burial permit to be issued before a decedent could be interred was a reasonable measure to

Answer 4

prevent the spread of contagious diseases

Question 5

There are a number of statutes and regulations which regulate the practices of

Answer 5

Embalming and funeral directing

Question 6

With regard to the proper handling, preparation, and burial of the bodies, the funeral director will have to

Answer 6

be aware of the relevant statutes and regulations in his or her jurisdiction

Question 7

When the funeral director enters into the funeral contract, whether oral or written, he or she promises to

Answer 7

undertake certain obligations

Question 8

If the funeral director breaches these obligations, he or she is liable for

Answer 8

damages

Question 9

Damages are mainly

Answer 9

emotional distress that can result when the services of the funeral director are not carried out as promised

Question 10

When a funeral director contracts to embalm a body, he or she undertakes to use the skill and care of reasonably prudent and careful individual skilled in the art of

Answer 10

embalming

Question 11

If the embalming falls short of that standard of care, the funeral director will be held

Answer 11

liable for the damages that result

Question 12

The failure of a funeral director to perform the many duties involved in directing the funeral service will give to

Answer 12

liability

Question 13

The funeral home/director may be held liable for unforeseen circumstances if it does not take reasonable precaution to

Answer 13

Safeguard the body

Question 14

Funeral Director have failed to comply with privacy in the following ways

Answer 14

Confidentiality regarding the death or for privacy during the funeral arrangements
Exclude unwanted visitors

Question 15

This can be disclaimed in some states, but not in MD

Answer 15

Warranties of Merchantability

Warranties of Fitness for a particular purpose

Question 16

Funeral directors have a legal duty to transport passengers in a

Answer 16

Safe, non-negligent manner

Question 17

In order for liability, it must be shown that the driver was

Answer 17

an Agent of the funeral home

Question 18

Funeral directors who offer aftercare, such as counseling, can be held liable and sued for malpractice if they

Answer 18

Fail to recognize suicidal tendencies

Question 19

List the General Duties of the Funeral Director

Answer 19

Duty not to interfere with the right of burial
Duty of exercising reasonable care to keep the funeral home premises or other places under the control of the funeral director in a reasonably safe condition

Question 20

List some torts that Funeral Directors can committ

Answer 20

Wrongfully withholding the body for non-payment
Loss of body
Interring the wrong body
Mutilation of the body
Injury to invitees
Injury to pallbearers and clergymen

Question 21

The courts have permitted recovery for mental anguish as a result of this in the absence of physical trauma

Answer 21

Breach of Contract

Question 22

Why have the courts permitted recovery for mental anguish as a result of breach of contract?

Answer 22

Because the contract was concerned with life and death and matters of mental concern and solicitude which should have put the funeral director on notice that mental anguish would result from his breach

Question 23

Punitive damages are awarded to

Answer 23

punish the defendant

Question 24

These are not available in simple negligence

Answer 24

Punitive Damages

Question 25

In order to collect punitive damages, this must be alleged

Answer 25

Wrongful conduct was committed with a willful and reckless disregard for the rights of others

Question 26

Will insurance companies cover punitive damage awards?

Answer 26

No