(Q3) Torts & Ethics (pg. 23-30)

Question 1

Tort

Answer 1

An offense against a person or their property

Question 2

What will a court do if a tort has been committed?

Answer 2

Court may award relief in the form of money damages

Question 3

Elements of Proof for an Intentional Tort

Answer 3

• volitional act
• intent
• causation
• injury

Question 4

Elements of Proof for a Negligent Tort

Answer 4

• duty of care
• breach of the duty
• causation
• damages/injury

Question 5

Pallsgraf Case

Answer 5

• element of “foreseeability”
• Forsee that your actions may cause injury

Question 6

What type of tort are funeral homes most likely to face?

Answer 6

Intentional or negligent infliction of emotional distress

Question 7

Physical Harm Requirements

Answer 7

• Some states require an impact, a physical touching or harm, or a zone of danger
• Some courts have held that plaintiff’s suffering from headaches, lack of sleep and appetite, stomach pain, etc.

Question 8

Examples of Torts Committed by Funeral Homes

Answer 8

• Negligent embalming
• Failure to call the cemetery to set up for disposition
• Burial in the wrong grave (fh and cemetery)
• Ordering the wrong vault or failure to order it
• Mishandling of deceased or cremated remains.
• Cremation of wrong person
• Conducting arrangements with someone other than authorized person
• Breach of funeral service contract and failure to act with due diligence in all matters regarding the funeral
• Negligence of agent drivers
• Failure to keep your premises safe
• Failure to properly identify and tag deceased when making a removal

Question 9

Ethics

Answer 9

a set of principles that determine and dictate what the morality of the conduct of a reasonably prudent person should be with respect to their association and relationship with others, both professionally and socially

Question 10

Difference between Law and Ethics

Answer 10

• Laws set a lower standard of what is acceptable conduct
• Ethical standards are higher
• An unethical action is not necessarily a crime
• A crime is generally an unethical act

Question 11

Ethical Conduct as Applied to Funeral Homes

Answer 11

• A primary goal should be more than just making a profit
• Funeral homes held to a higher ethical standard than other businesses
• Conduct should emphasize “best service possible”
• courts have held funeral homes to a higher degree of care than normal because of the mental suffering that the family is already experiencing when they come to your funeral home
• Practice “Total Quality Management”; ensure that all employees practice ethical conduct
• Comply with “Ethical Rules” enacted by State Department of Professional Regulation