Lesson 3 for Exam 2 Torts Involving Body, Torts Involving FD, Mental Anguish

Question 1

wrongful act committed by one person against another and or their property

Answer 1

tort

Question 2

torts include

Answer 2

invasion of rights, obstruction of funeral arrangements, mutilation, wrongful withholding

Question 3

2 duties recongnized by law directly impact FD

Answer 3

1. not to interfere with right of burial

2. to exercise reasonable care in keeping FH premises in a reasonable safe condition

Question 4

invasion of rights include

Answer 4

unauthorized embalming; unauthorized photos of deceased; burial in absence of NOK; right to privacy and confidenciality; failure to comply with wishes

Question 5

altering of an object/dead body from its original condition

Answer 5

mutilation

Question 6

post mortem examination of organs to determine cause of death

Answer 6

autopsy

Question 7

post mortem examination of tissues to determine cause of death

Answer 7

dissection

Question 8

claim/charge against property for payment of some debt

Answer 8

lien

Question 9

action to recover possession of personal property

Answer 9

replevin

Question 10

failure to exercise ordinary care; lack of due care; exercised by a wrongdoer who has not acted as a reasonable person

Answer 10

negligence

Question 11

failure to do something which a reasonable produent person would do under ordinary circumstances

Answer 11

omission

Question 12

doing something a normal person would not do under ordinary circumstances

Answer 12

commission

Question 13

inadequate disinfection, preservation and restoration; early decomp.;

Answer 13

negligent embalming

Question 14

not maintaining body in a “suitable condition” pending final disposition such as no embalming/refrigerating; failure to honor family requests, improperly supervising cemetery burial

Answer 14

negligent funeral directing

Question 15

responsible for wrongful acts

Answer 15

tort liability

Question 16

not under direct control of FD; not FH employees/agents

Answer 16

volunteer drivers

Question 17

under direction and control of FD;

Answer 17

agent drivers

Question 18

automotive equipment made available for hire

Answer 18

livery

Question 19

place of business used in the care and preparation and final disposition of bodies

Answer 19

funeral establishment

Question 20

not invited; very little degree of care

Answer 20

trespasser

Question 21

those attending visitation/funeral service

Answer 21

invitee

Question 22

mental suffereing resulting from grief, wounded pride, severe disappointment, inalgnation, shame, public humiliation, despair, etc. usually accompanied by physical injury caused by outrageous acts, intentional acts, grossly negligence acts

Answer 22

mental anguish

Question 23

committed with intention or purpose of causing harm

Answer 23

intentional act

Question 24

committed with complete disregard for proper conduct

Answer 24

outrageous act

Question 25

committed with complete disregard for acting as a prudent person would under ordinary circumstances

Answer 25

gross negligence act