MOR 315 Funeral Law II FINAL DMACC
Questions and Answers 2023
List the 3 sources of Duties of a Funeral Director. -
✅Statutory Duties
Contractual Duties
Common Law Duties
Fitness for a Particular Purpose. -
✅This implied warranty states that the product which is bought will function in the
specific way for which it was purchased.
Merchantability Warranty. -
✅This implied warranty states that the product which is bought will function in the
ordinary way that the average consumer would expect it to function.
Tort -
✅A private or civil wrong, other than breach of contract, for which there may be
action for damages.
Aftercare. -
✅Those appropriate and helpful acts of counseling, personal and/or written contact
that come after the funeral.
Compensatory damages. -
✅Payment imposed by a court upon an individual or entity to be paid to a harmed
person to compensate for the loss the person suffered.
Define punitive damages and tell when they may be awarded. -
✅Payment imposed by a court upon an individual or entity to punish the individual
(entity) for wrongdoing or gross negligence.
-The type of damages which is paid by the funeral home if a court finds them guilty of
misplacing a decedent's diamond ring.
Agent Driver -
✅Those drivers under the directions and control of the funeral establishment which
is liable for the driver's negligent actions
Nominal damages. -
✅Payment imposed by a court upon an individual or entity to make the statement
that the person did commit a tort of some kind, but the tort had no significant loss to
the harmed person.
What is meant by safeguarding a body? -
✅The funeral director's duty to keep the body in at least the same condition in which
they received it
,What are the two of the precautions offered by the textbook regarding aftercare? -
✅All FH employees that participate in aftercare programs should have grief
facilitating training.
The grief facilitator should be advised to report any serious or apparently serious
problems to a psychologist or psychiatrist.
The grief program should be covered by the FH malpractice insurance.
What level of care is owed to a trespasser on a funeral home property? -
✅low degree of care
What level of care is owed to an invited guest on a funeral home property? -
✅Highest degree of care
What steps should a funeral director go through to minimize the tort liability owed to
guests on the funeral home property? -
✅The funeral director should take care to remove any known hazards, such as
snow and ice from the sidewalk, and should inspect for unknown hazards, such as
the broken glass in the family lounge.
What are 4 acts that generally are regarded as causing mental anguish? -
✅Intentional acts
Outrageous acts
Gross negligence
Breach of personal service contract
Bailee -
✅A person who receives personal property from another as a bailment
Bailor. -
✅A person who delivers personal property to another as a bailment.
Common Carrier -
✅Any carrier required by law to convey passengers or freight without refusal if the
approved fare or charge is paid
Due Diligence. -
✅The attention reasonably expected from, and ordinarily exercised by, a person
who seeks to satisfy a legal requirement or to discharge an obligation.
Invitee -
✅One who has been invited on the property by the landowner
Lien -
✅A claim or charge against property for payment of some debt.
Livery -
✅Automotive equipment made available for hire
,Malpractice. -
✅Improper or negligent professional act by a professional person.
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
Mutilation. -
✅Any altering or change made to a dead human body from the time of death, other
than by natural causes.
Negligence -
✅Failure to exercise ordinary care
Outrageous act. -
✅An act with complete disregard for proper conduct which transcends the bounds
of common decency
Personal Service Contract -
✅A contract which involves such personal knowledge, skills or confidence that can
only be performed by the person with whom it is made
Private Carrier -
✅Those who transport only in particular instances and only for those they chose to
contact with
Reciprocity. -
✅The relationship existing between two states whereby each extends privileges of
licensure to licensees of the other state.
Is reciprocity widely practiced in the United States? -
✅............
Replevin -
✅An action to recover possession of wrongfully held personal property
Trespasser -
✅One who intentionally and without consent or privilege enters another's property
Volunteer driver -
✅Those drivers not under the control of the funeral director.
Bailment -
✅A delivery of personal property by one person (the bailor) to another (the bailee)
who holds the property for a certain purpose under an express or implied-in-fact
contract:
Your funeral home is coordinating the arrangements for a car wreck victim which had
major trauma to the face. The family wishes to see the body prior to embalming or
, primary disinfection of the body. What should you the funeral director/embalmer do?
-
✅recommend that they do not view the deceased because it is very traumatic to
look at and that they highly discourage it. If they still want to see it, make up a
contract saying that they were advised against it and still wished to see it. Make the
family members sign it to avoid liabilities of emotional trauma.
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Explain what options you have for providing or not providing service to a family who
owes you a balance on a previous funeral bill. -
✅You are not obligated to provide service to them in the future.
1. Patterson's Peaceful Parlors uses an answering service for calls after 5 pm. Must
the answering service give out price information? -
✅no, they can take a message and the funeral director can get back to the caller
during normal business hours in a timely manner
2. Are there any services you can charge for, even if the family does not want the
service, in order to get a service the family does want? If so, state which items can
be required. -
✅-non-declinable service fee
-if the family wants a public viewing you can charge for embalming
-embalming if the state requires embalming for certain cases
3. Can the funeral home offer a package price for arrangements that include the
"traditional" funeral except the deceased will be cremated instead of buried? If the
funeral home can offer this package, can they charge less for this package then the
price would be if the items were purchased separately? -
✅Yes, they can charge less for the combination than the component parts, as
McDonald's charges less for value meals than for the component parts. and as long
as they do not discount basic fee charges
4. When making arrangements with a family, the funeral director makes the following
statement: "As you will note, the prices for all of our services are listed in the General
Price List." She then points to the the GPL on the corner of the desk. If she does this
prior to any discussion of funeral goods and services, has she met the FTC
requirement? -
✅no, need to physically give the GPL to the customer
5. Can the funeral director complete the Statement of Goods and Services after the
family leaves the funeral home provided the statement is given to the family at the
visitation or funeral? -
✅no, it must be filled out fully so that the family has all the prices at the conclusion
of the arrangements
6. Patterson's Peaceful Parlors does not offer limousines as part of their services.
Must they include Limousine on the GPL? -
✅no, ,you only need to write in what applies to your FH, each FH makes their own
GPL
Questions and Answers 2023
List the 3 sources of Duties of a Funeral Director. -
✅Statutory Duties
Contractual Duties
Common Law Duties
Fitness for a Particular Purpose. -
✅This implied warranty states that the product which is bought will function in the
specific way for which it was purchased.
Merchantability Warranty. -
✅This implied warranty states that the product which is bought will function in the
ordinary way that the average consumer would expect it to function.
Tort -
✅A private or civil wrong, other than breach of contract, for which there may be
action for damages.
Aftercare. -
✅Those appropriate and helpful acts of counseling, personal and/or written contact
that come after the funeral.
Compensatory damages. -
✅Payment imposed by a court upon an individual or entity to be paid to a harmed
person to compensate for the loss the person suffered.
Define punitive damages and tell when they may be awarded. -
✅Payment imposed by a court upon an individual or entity to punish the individual
(entity) for wrongdoing or gross negligence.
-The type of damages which is paid by the funeral home if a court finds them guilty of
misplacing a decedent's diamond ring.
Agent Driver -
✅Those drivers under the directions and control of the funeral establishment which
is liable for the driver's negligent actions
Nominal damages. -
✅Payment imposed by a court upon an individual or entity to make the statement
that the person did commit a tort of some kind, but the tort had no significant loss to
the harmed person.
What is meant by safeguarding a body? -
✅The funeral director's duty to keep the body in at least the same condition in which
they received it
,What are the two of the precautions offered by the textbook regarding aftercare? -
✅All FH employees that participate in aftercare programs should have grief
facilitating training.
The grief facilitator should be advised to report any serious or apparently serious
problems to a psychologist or psychiatrist.
The grief program should be covered by the FH malpractice insurance.
What level of care is owed to a trespasser on a funeral home property? -
✅low degree of care
What level of care is owed to an invited guest on a funeral home property? -
✅Highest degree of care
What steps should a funeral director go through to minimize the tort liability owed to
guests on the funeral home property? -
✅The funeral director should take care to remove any known hazards, such as
snow and ice from the sidewalk, and should inspect for unknown hazards, such as
the broken glass in the family lounge.
What are 4 acts that generally are regarded as causing mental anguish? -
✅Intentional acts
Outrageous acts
Gross negligence
Breach of personal service contract
Bailee -
✅A person who receives personal property from another as a bailment
Bailor. -
✅A person who delivers personal property to another as a bailment.
Common Carrier -
✅Any carrier required by law to convey passengers or freight without refusal if the
approved fare or charge is paid
Due Diligence. -
✅The attention reasonably expected from, and ordinarily exercised by, a person
who seeks to satisfy a legal requirement or to discharge an obligation.
Invitee -
✅One who has been invited on the property by the landowner
Lien -
✅A claim or charge against property for payment of some debt.
Livery -
✅Automotive equipment made available for hire
,Malpractice. -
✅Improper or negligent professional act by a professional person.
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
Mutilation. -
✅Any altering or change made to a dead human body from the time of death, other
than by natural causes.
Negligence -
✅Failure to exercise ordinary care
Outrageous act. -
✅An act with complete disregard for proper conduct which transcends the bounds
of common decency
Personal Service Contract -
✅A contract which involves such personal knowledge, skills or confidence that can
only be performed by the person with whom it is made
Private Carrier -
✅Those who transport only in particular instances and only for those they chose to
contact with
Reciprocity. -
✅The relationship existing between two states whereby each extends privileges of
licensure to licensees of the other state.
Is reciprocity widely practiced in the United States? -
✅............
Replevin -
✅An action to recover possession of wrongfully held personal property
Trespasser -
✅One who intentionally and without consent or privilege enters another's property
Volunteer driver -
✅Those drivers not under the control of the funeral director.
Bailment -
✅A delivery of personal property by one person (the bailor) to another (the bailee)
who holds the property for a certain purpose under an express or implied-in-fact
contract:
Your funeral home is coordinating the arrangements for a car wreck victim which had
major trauma to the face. The family wishes to see the body prior to embalming or
, primary disinfection of the body. What should you the funeral director/embalmer do?
-
✅recommend that they do not view the deceased because it is very traumatic to
look at and that they highly discourage it. If they still want to see it, make up a
contract saying that they were advised against it and still wished to see it. Make the
family members sign it to avoid liabilities of emotional trauma.
AdvertisementUpgrade to remove ads
Explain what options you have for providing or not providing service to a family who
owes you a balance on a previous funeral bill. -
✅You are not obligated to provide service to them in the future.
1. Patterson's Peaceful Parlors uses an answering service for calls after 5 pm. Must
the answering service give out price information? -
✅no, they can take a message and the funeral director can get back to the caller
during normal business hours in a timely manner
2. Are there any services you can charge for, even if the family does not want the
service, in order to get a service the family does want? If so, state which items can
be required. -
✅-non-declinable service fee
-if the family wants a public viewing you can charge for embalming
-embalming if the state requires embalming for certain cases
3. Can the funeral home offer a package price for arrangements that include the
"traditional" funeral except the deceased will be cremated instead of buried? If the
funeral home can offer this package, can they charge less for this package then the
price would be if the items were purchased separately? -
✅Yes, they can charge less for the combination than the component parts, as
McDonald's charges less for value meals than for the component parts. and as long
as they do not discount basic fee charges
4. When making arrangements with a family, the funeral director makes the following
statement: "As you will note, the prices for all of our services are listed in the General
Price List." She then points to the the GPL on the corner of the desk. If she does this
prior to any discussion of funeral goods and services, has she met the FTC
requirement? -
✅no, need to physically give the GPL to the customer
5. Can the funeral director complete the Statement of Goods and Services after the
family leaves the funeral home provided the statement is given to the family at the
visitation or funeral? -
✅no, it must be filled out fully so that the family has all the prices at the conclusion
of the arrangements
6. Patterson's Peaceful Parlors does not offer limousines as part of their services.
Must they include Limousine on the GPL? -
✅no, ,you only need to write in what applies to your FH, each FH makes their own
GPL
