Funeral Law ll Lesson 1.2 Questions & Correct Answers/ Graded A+

List the 3 sources of duties of a funeral director : - Statutory duties - Contractual duties - Common law duties Explain what is meant by Fitness for a particular purpose warranty and give an example : Fitness for a particular purpose is the expectation that merchandise purchased will function in the specific way for which it was purchased. If a family purchases a cardboard casket for a person who weighs 500 pounds, the funeral director has the responsibility to share with the family that this specific casket may not function properly for this specific deceased Explain what is meant by merchantability warranty and give an example : Merchantability is the expectation that merchandise will function in the way the average consumer expects it to function. An example is that the average consumer expects the handles on a casket not to fall off Explain the funeral directors liability (responsibility) for the cars in the procession, including the funeral coach and a pallbearer car driven by a non-funeral home employee 2 : The funeral home is not considered a common carrier, as an airline company would be, but is considered a private carrier. This means the funeral home can choose not to sue the vehicles for some cases. As a private carrier, the funeral home only transports for specific purposes and has the right to decline to accepts that person as a customer Tort : A wrongful act committed by one person against another person or his/her property Explain whether you can refuse to release a body to a family if they owe you a balance on a previous funeral bill : No, the funeral director must surrender the body upon demand 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 in the future Distinguish between a common and private carrier : A common carrier must offer its vehicles to the public for a fee (i.e. an airline). A private carrier uses vehicles for specific purposes can decline that service Define compensatory damages 3 : Payment imposed by a court upon an individual or entity to be paid to a harmed person to compensate for the loss they suffered Define punitive damages and tell when they may be awarded : Payment imposed by a court an individual or entity to be paid to a harmed person to compensate for the loss they suffered By the Americans with Disabilities Act, must all existing barriers be removed? If not, which barriers need to be removed? : Access into the facilities, access to areas where goods or services are made available to the public, access to restrooms, access to other public areas Nominal changes : Payment imposed by a court upon an individual or entity to punish t