Funeral Law: Study Guide and Funeral
Contract correctly answered 2023
4 elements of a contract: - correct answer mutual agreement
competent parties
consideration
legal objectives
requirements of a valid offer: - correct answer -offer must be definite
-must appear seriously intended
-it must be communicated to the offeree
-the ACCEPTANCE is the ascent to the offer that RESULTS in the CONTRACT
voidable contract - correct answer A contract which would be enforceable but due to
circumstances may be set aside by one of the parties; i.e; MINORS, INTOXICATED
PERSONS OR INSANE PERSONS
void (what automatically voids a contract?) - correct answer -people who sign who are
LEGALLY declared INSANE
-contract contains ILLEGAL OBJECTIVES
-MUTUAL MISTAKES in contract
administrator - correct answer a person appointed by the COURT to handle an estate
executor - correct answer a person appointed by an INDIVIDUAL to handle their estate
after they die
what family has the authority to request an autopsy? - correct answer next of kin
legal guardian
Warranty - correct answer A guarantee made by the seller, that a product, article or
service will conform to specified standards and operate in a certain manner. four types
are implied, written, full, and limited warranties
Magnuson-Moss Act - correct answer federal statute that governs EXPRESS and
IMPLIED warranties.
as seller. Requires written warranties for consumer goods that are NOT misleading to
reasonable average person. (FTC)
if the bottom falls out of the casket, the funeral home has breached: - correct answer the
implied warranty
, Disclaimer of warranties - correct answer a written statement informing consumer in
clear language that the retailer is not providing the implied warranties
implied warranty - correct answer warranties imposed by LAW, arising automatically
because the sale was made.
express warranty - correct answer warranties MADE BY THE SELLER at the time of
sale, orally or written
stare decisis - correct answer the principle that the decision of a higher court should
serve as a guide or precedent and control the decision of a similar case in the future.
tort liability for funeral directors includes: - correct answer -mutilation of the body
-wrongful withholding of a body
-loss of the body
-injury to invitees
-injury to pallbearers & clergy
-negligent embalming
Novation - correct answer occurs when a new party to the agreement is SUBSTITUTED
into the contract by agreement of all parties to the contract. It may substitute a new
obligation between the same parties, bring in a new debtor, or a new-creditor. The
original obligation is discharged and a new contractual duty is created.
Police Power - correct answer The inherent power of every government to make
reasonable laws to protect the health, safety, and morals and general welfare of its
citizens
administrative law - correct answer the body of law created by FEDERAL and STATE
administrative agencies to implement their powers and duties in the form of rules,
regulations,orders and decisions.
duress - correct answer a means of removing one's free will, obtaining consent by
means of threat to do harm
Warranty of Title - correct answer Every seller, by mere act of selling. makes warranty
that the seller's title is good. Transfer is lawful as to the passage of title
Contract - correct answer Another term for Rental agreement
Law - correct answer Body of Rules of action or conduct, prescribed by controlling
authority; binding legal force
bailor - correct answer the party who gives up POSSESSION, but not the TITLE,of
personal property in a bailment.
Contract correctly answered 2023
4 elements of a contract: - correct answer mutual agreement
competent parties
consideration
legal objectives
requirements of a valid offer: - correct answer -offer must be definite
-must appear seriously intended
-it must be communicated to the offeree
-the ACCEPTANCE is the ascent to the offer that RESULTS in the CONTRACT
voidable contract - correct answer A contract which would be enforceable but due to
circumstances may be set aside by one of the parties; i.e; MINORS, INTOXICATED
PERSONS OR INSANE PERSONS
void (what automatically voids a contract?) - correct answer -people who sign who are
LEGALLY declared INSANE
-contract contains ILLEGAL OBJECTIVES
-MUTUAL MISTAKES in contract
administrator - correct answer a person appointed by the COURT to handle an estate
executor - correct answer a person appointed by an INDIVIDUAL to handle their estate
after they die
what family has the authority to request an autopsy? - correct answer next of kin
legal guardian
Warranty - correct answer A guarantee made by the seller, that a product, article or
service will conform to specified standards and operate in a certain manner. four types
are implied, written, full, and limited warranties
Magnuson-Moss Act - correct answer federal statute that governs EXPRESS and
IMPLIED warranties.
as seller. Requires written warranties for consumer goods that are NOT misleading to
reasonable average person. (FTC)
if the bottom falls out of the casket, the funeral home has breached: - correct answer the
implied warranty
, Disclaimer of warranties - correct answer a written statement informing consumer in
clear language that the retailer is not providing the implied warranties
implied warranty - correct answer warranties imposed by LAW, arising automatically
because the sale was made.
express warranty - correct answer warranties MADE BY THE SELLER at the time of
sale, orally or written
stare decisis - correct answer the principle that the decision of a higher court should
serve as a guide or precedent and control the decision of a similar case in the future.
tort liability for funeral directors includes: - correct answer -mutilation of the body
-wrongful withholding of a body
-loss of the body
-injury to invitees
-injury to pallbearers & clergy
-negligent embalming
Novation - correct answer occurs when a new party to the agreement is SUBSTITUTED
into the contract by agreement of all parties to the contract. It may substitute a new
obligation between the same parties, bring in a new debtor, or a new-creditor. The
original obligation is discharged and a new contractual duty is created.
Police Power - correct answer The inherent power of every government to make
reasonable laws to protect the health, safety, and morals and general welfare of its
citizens
administrative law - correct answer the body of law created by FEDERAL and STATE
administrative agencies to implement their powers and duties in the form of rules,
regulations,orders and decisions.
duress - correct answer a means of removing one's free will, obtaining consent by
means of threat to do harm
Warranty of Title - correct answer Every seller, by mere act of selling. makes warranty
that the seller's title is good. Transfer is lawful as to the passage of title
Contract - correct answer Another term for Rental agreement
Law - correct answer Body of Rules of action or conduct, prescribed by controlling
authority; binding legal force
bailor - correct answer the party who gives up POSSESSION, but not the TITLE,of
personal property in a bailment.
