1. Rights and Duties of the Funeral Director
Sources of Duties
Laws and Regulations
Common Law
Funeral Contract

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

3. 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

4. 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

5. Assignments
“means whereby one party in a contract conveys right to another person, who is not a party to the original contract”
3 parties involved:
1) assignor
2) assignee
3) obligor: the remaining party to the original agreement

6. Mental Anguish
“mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc. usually accompanied by physical injury or by an outrageous, intentional or grossly negligent act”
Physical Impact Rule

7. Exceptions to Physical Impact Rule
Intentional Infliction of Mental Distress
Contractual Breaches
Negligent Infliction of Mental Distress
Punitive Damages

8. Negligence
“failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under ordinary circumstances or the doing of something which a reasonable and prudent person would not do; the lack of due care”
intentional or accidental