Rights and Duties of the Funeral Director Sources of Duties 1)Laws and Regulations 2)Common Law 3)Funeral Contract

Laws and Regulations State Laws: a) permits b) health laws and regs. Federal Laws Local Laws

Common Law/Operation of Law Reasonable/Prudent Standard 2 duties: 1) not to interfere with the right of burial –Wrongfully withholding a body –Loss of body –Mutilation of the body 2) exercising reasonable care and remaining prudent –Injury to invitees –Injury to pallbearers and clergy

Funeral Contract With the person who has the right to disposition FD has no obligation regarding a particular dead body until a contract has been initiated

Contract “an agreement between two or more competent persons which is enforceable by law” Agreement: All contracts are agreements but not all agreements are contracts.

4 Req’ts of a Valid Contract 1) mutual assent/”meeting of the minds” 2) competent parties 3) legal/lawful purpose 4) consideration

Mutual Assent/”Meeting of the Minds” offeror, offeree, offer An advertisement is not an offer; it is an invitation to trade. Handing a consumer a GPL is not an offer but is an invitation to trade. Duration of an offer: Novation: Acceptance:

Mutual Assent May Be Undermined A) mistake fraud Misrepresentation B) duress C) undue influence fiduciary relationship

Competent Parties A) legal age B) mental capacity C) intoxication

Legal/Lawful Purpose A) usury B) contracts of unreasonable restraint of trade

Consideration “ that which the promisor demands and receives as the price for a promise” Invalid Consideration Forebearance

Contracts Used in Funeral Service Promissory Note: “a negotiable instrument containing a promise to pay” Preneed Contract: SFGSS is not a contract in NJ

Contract Suggestions written is always preferred follow-up oral agreements use clear, specific terms include a deadline sign and initial changes include material items

Statute of Frauds “certain types of contracts which could only be enforced if in written form” 1) transfer of interest in real property 2) terms cannot be completed in 1 year 3) agreement to assume debt 4) executor/administrator pays debts of an estate out of personal funds 5) contracts of marriage 6) sale of goods is $500 or more 7) personal service contracts

Types of Contracts Void contract Voidable contract Executed contract Executory contract Oral contract Written contract

Types of Contracts (cont’d) Express contract Implied contract Quasi contract Unenforceable contract Bilateral contract Unilateral contract

Types of Contracts (cont’d) Formal contract Simple contract Divisible contract Joint and Several contract

Conditions of Termination 1) performance 2) operation of law 3) voluntary agreement 4) impossibility of performance 5) acceptance of breach