MORTUARY LAW EXAM 2 ////monnday 3/3 Flashcards

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1
Q

NEGLIGENT ACTS

A

SAFEHGUARD

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2
Q

NEGLIGENT ACTS

A

IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FFOR A PARTICULAR PURPOSE

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3
Q

DEFECTIVE MERCHANDISE

A

funeral director is liable–UNLESS A DISCLAIMER IS MADE ON THE CASKET-OUTER BURIAL PRICE LIST-GPL==STATEMENT OF FUNERAL GOODS ,SERVICES

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4
Q

NEGLIGENT ACTS

A

TRANSPORTATION–FUNERAL HME AS A PRIVATE CARRIER IS CHARGED WITH CONVEYING–BODY OF DECEASED AND PASSENGERS IN A HERSE

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5
Q

SAFE ,NON-NEGLIGENT MANNER—

A

INCLUDES FUNERAL HOME LIVERY–FAILURE TO EXERCISE ORDINARY CARE WILL RESULT IN A BREACH OF CONTRACT AND LIABILITY

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6
Q

NEGLIGENT ACTS

A

AFTERCARE–PROPERTY TRAINNG AND CREDENTIALS FOR PERSONNEL–GRIEF FACILITATOR VS. GRIEF COUNSELOR

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7
Q

NEGLIGENT

A

FUNERAL HOME PERSONNEL ARE GRIEF FACILITATORS–INCLUDES WITH MALPRACTICE INSURANCE POLICY

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8
Q

NEGLIGENCE

A

ERRORS IN FINAL DISPOSITION–WRONG MANNER OR PLACE OF FINAL DISPOSITION–WRONG GRAVE OR CEMETARY

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9
Q

NO OUTER BURIAL CONTAINER WHEN ONE IS PURCHASED

A

CRMATED VS. BEING BURIED

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10
Q

NEGLIGENCE

A

ANY ACT OF OMMISSION OR COMMISION

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11
Q

PERFORMED BY FUNERL DIRECTOR

A

WHILE COMPLETING THE FUNERAL DUTIES AND RESPONSIBILITY OF PROFESSIONAL LICENSURE

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12
Q

TORT LIABILITY

A

RESPONSIBILITY FOR WRONGFUL ACTS (TORTS)

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13
Q

DUTIES AND OBLIGATIONS ORIGINATE

A

FROM 2 SOURCES

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14
Q

STATUTES AND FUNERAL CONTRACTS

A

FUNERAL DIRECTOR SHOULD NOT INTERFERE WITH RIGHT OF BURIAL

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15
Q

FD SHOULD EXERCISE

A

REASONABLE CARE IN KEEPING LEGAL

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16
Q

FUNERAL PROCESSION LIABILITY

A

CERTAIN RESTRICTIONS APPLY–DEPENDING ON THE RELATIONSHIP BETWEEN THE FUNERAL DIRECTORS AND DRIVERS

17
Q

FUNERAL PROCESSION–CHARACTERISTICS

A

CARS IN CLOSE FORMATION OF EACH OTHER USUALLY HAVE HEAD LIGHTS ON–SOME CARS HAVE FLAGS OR PENNENTS

18
Q

VOLUNTEER DRIVER

A

NOT UNDER THE DIRECT CONTROL OF THE FUNERAL DIRECTOR–NOT FUNERAL HOME EMPLOYEES–FUNERAL DIRECTOR HAS NO CONTROL—USUALLY HAS NO LIABILITY FOR WRONG INSTRUCTIONS—-INCLUSION OF AN INCAPACITATED DRIVER IN PROCESSION

19
Q

AGENT DRIVERS

A

UNDER CONTROL OF THE FD

20
Q

FUNERAL DIRECTOR IS LIABLE FOR AGENTS ACTIONS–FUNERAL HOME EMPLOYEES OR AGENTS ARE

A

liability of the funeral director

21
Q

LIVERY

A

AUTOMOTIVE EQUIPMENT FOR HIRE

22
Q

LIVERY

A

FUNERAL DIRECTOR IS LIABLE–WHEN SUCH DRIVERS AND CARS ARE HELD AS THEIR OWN

23
Q

PREMISES LIABILITY

A

FUNERAL ESTABLISHMENT–PLACE OR PLACE OF BUSINESS USED IN CARE AND PREPARATION AND FINAL DISPOSITION OF DEAD HUMAN BODIES

24
Q

RELATED TO GENERAL DUTY CLAUSE AND GENERAL WORKPLACE SAFETY PROVISIONS

A

OSHA