MORTUARY LAW EXAM 2 ////monnday 3/3 Flashcards
NEGLIGENT ACTS
SAFEHGUARD
NEGLIGENT ACTS
IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FFOR A PARTICULAR PURPOSE
DEFECTIVE MERCHANDISE
funeral director is liable–UNLESS A DISCLAIMER IS MADE ON THE CASKET-OUTER BURIAL PRICE LIST-GPL==STATEMENT OF FUNERAL GOODS ,SERVICES
NEGLIGENT ACTS
TRANSPORTATION–FUNERAL HME AS A PRIVATE CARRIER IS CHARGED WITH CONVEYING–BODY OF DECEASED AND PASSENGERS IN A HERSE
SAFE ,NON-NEGLIGENT MANNER—
INCLUDES FUNERAL HOME LIVERY–FAILURE TO EXERCISE ORDINARY CARE WILL RESULT IN A BREACH OF CONTRACT AND LIABILITY
NEGLIGENT ACTS
AFTERCARE–PROPERTY TRAINNG AND CREDENTIALS FOR PERSONNEL–GRIEF FACILITATOR VS. GRIEF COUNSELOR
NEGLIGENT
FUNERAL HOME PERSONNEL ARE GRIEF FACILITATORS–INCLUDES WITH MALPRACTICE INSURANCE POLICY
NEGLIGENCE
ERRORS IN FINAL DISPOSITION–WRONG MANNER OR PLACE OF FINAL DISPOSITION–WRONG GRAVE OR CEMETARY
NO OUTER BURIAL CONTAINER WHEN ONE IS PURCHASED
CRMATED VS. BEING BURIED
NEGLIGENCE
ANY ACT OF OMMISSION OR COMMISION
PERFORMED BY FUNERL DIRECTOR
WHILE COMPLETING THE FUNERAL DUTIES AND RESPONSIBILITY OF PROFESSIONAL LICENSURE
TORT LIABILITY
RESPONSIBILITY FOR WRONGFUL ACTS (TORTS)
DUTIES AND OBLIGATIONS ORIGINATE
FROM 2 SOURCES
STATUTES AND FUNERAL CONTRACTS
FUNERAL DIRECTOR SHOULD NOT INTERFERE WITH RIGHT OF BURIAL
FD SHOULD EXERCISE
REASONABLE CARE IN KEEPING LEGAL
FUNERAL PROCESSION LIABILITY
CERTAIN RESTRICTIONS APPLY–DEPENDING ON THE RELATIONSHIP BETWEEN THE FUNERAL DIRECTORS AND DRIVERS
FUNERAL PROCESSION–CHARACTERISTICS
CARS IN CLOSE FORMATION OF EACH OTHER USUALLY HAVE HEAD LIGHTS ON–SOME CARS HAVE FLAGS OR PENNENTS
VOLUNTEER DRIVER
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
AGENT DRIVERS
UNDER CONTROL OF THE FD
FUNERAL DIRECTOR IS LIABLE FOR AGENTS ACTIONS–FUNERAL HOME EMPLOYEES OR AGENTS ARE
liability of the funeral director
LIVERY
AUTOMOTIVE EQUIPMENT FOR HIRE
LIVERY
FUNERAL DIRECTOR IS LIABLE–WHEN SUCH DRIVERS AND CARS ARE HELD AS THEIR OWN
PREMISES LIABILITY
FUNERAL ESTABLISHMENT–PLACE OR PLACE OF BUSINESS USED IN CARE AND PREPARATION AND FINAL DISPOSITION OF DEAD HUMAN BODIES
RELATED TO GENERAL DUTY CLAUSE AND GENERAL WORKPLACE SAFETY PROVISIONS
OSHA