Crematory & Cemetery Operations Week 11
(ANSWERED)
Tolerant of mistakes - Correct Answer Cremation as a means of disposition in not.......
Various legal and contractual obligations - Correct Answer The funeral director in carrying out the duties
to care for and dispose of the dead is under .............
A violation - Correct Answer Of any of these obligations can lead to liability in contract or tort
Contractual obligations - Correct Answer The funeral director is responsible for carrying out a number
of duties whether express or implied.
If the funeral director breaches any of these obligations he/she can be liable for damages that occur as a
result of the breach
Tort liability - Correct Answer A wrongful act committed by one person against another person or
his/her property; or defined another way as a private or civil wrong, either intentional or caused by
negligence, for which there may be an action for damages
Intentional tort - Correct Answer When one person deliberately inflicts injury to another person or
damages that person's property
Negligence - Correct Answer Every person owes a duty of care to others, which generally means that
he/she must act as a reasonable person under the circumstances. If that person's conduct does not meet
the required level of care, we say that the individual is in breach of that duty.
It that conduct is the actual cause as well as proximate cause of an injury, which causes harm (damages),
that person is liable in negligence.
Malpractice - Correct Answer A breach of contract by a professional; failure to perform a professional
service with the ability and care exercised by others in the profession.
6 reasons why cremation represents top liability - Correct Answer 1. cremation is an irreversible process
, 2. In the U.S. cremation is for the most part a non participatory event
3. even though the number of cremations continues to increase across the country, many people remain
uninformed about it.
4. the vast majority of cremations are performed at crematories not owned, operated or affiliated with
the funeral home serving the family of the deceased.
5. the client family usually assumes that the funeral home they call for service will actually perform the
cremation.
6. using a non owned off premises crematory means the deceased must be transferred.
What are the specific things that can cause cremation liability - Correct Answer 1. cremating the wrong
body
2. cremating without authority
3. cremating without informed consent
4. cremating jewelry or personal effects
5. cremating medical devices
6. commingling cremated remains
7. misidentification of cremated remains
8. misdelivery of cremated remains
Authorization form - Correct Answer A properly filled out and executed ________ _______ can go a
long way towards defending the funeral home if sued
Independent contractor - Correct Answer A person who contracts to perform certain tasks for a set fee,
but who is independent of the control of the contracting party as to how the contract is performed
except for any specifications set forth in the contract.
(ex. trade embalmers, hairdressers, livery drivers)
" In almost all the cases" - Correct Answer The funeral home/cemetery/crematory assumes the liability
of all independent contractors. Why? The family hires you, the funeral director/funeral home to handle
the funeral.
(ANSWERED)
Tolerant of mistakes - Correct Answer Cremation as a means of disposition in not.......
Various legal and contractual obligations - Correct Answer The funeral director in carrying out the duties
to care for and dispose of the dead is under .............
A violation - Correct Answer Of any of these obligations can lead to liability in contract or tort
Contractual obligations - Correct Answer The funeral director is responsible for carrying out a number
of duties whether express or implied.
If the funeral director breaches any of these obligations he/she can be liable for damages that occur as a
result of the breach
Tort liability - Correct Answer A wrongful act committed by one person against another person or
his/her property; or defined another way as a private or civil wrong, either intentional or caused by
negligence, for which there may be an action for damages
Intentional tort - Correct Answer When one person deliberately inflicts injury to another person or
damages that person's property
Negligence - Correct Answer Every person owes a duty of care to others, which generally means that
he/she must act as a reasonable person under the circumstances. If that person's conduct does not meet
the required level of care, we say that the individual is in breach of that duty.
It that conduct is the actual cause as well as proximate cause of an injury, which causes harm (damages),
that person is liable in negligence.
Malpractice - Correct Answer A breach of contract by a professional; failure to perform a professional
service with the ability and care exercised by others in the profession.
6 reasons why cremation represents top liability - Correct Answer 1. cremation is an irreversible process
, 2. In the U.S. cremation is for the most part a non participatory event
3. even though the number of cremations continues to increase across the country, many people remain
uninformed about it.
4. the vast majority of cremations are performed at crematories not owned, operated or affiliated with
the funeral home serving the family of the deceased.
5. the client family usually assumes that the funeral home they call for service will actually perform the
cremation.
6. using a non owned off premises crematory means the deceased must be transferred.
What are the specific things that can cause cremation liability - Correct Answer 1. cremating the wrong
body
2. cremating without authority
3. cremating without informed consent
4. cremating jewelry or personal effects
5. cremating medical devices
6. commingling cremated remains
7. misidentification of cremated remains
8. misdelivery of cremated remains
Authorization form - Correct Answer A properly filled out and executed ________ _______ can go a
long way towards defending the funeral home if sued
Independent contractor - Correct Answer A person who contracts to perform certain tasks for a set fee,
but who is independent of the control of the contracting party as to how the contract is performed
except for any specifications set forth in the contract.
(ex. trade embalmers, hairdressers, livery drivers)
" In almost all the cases" - Correct Answer The funeral home/cemetery/crematory assumes the liability
of all independent contractors. Why? The family hires you, the funeral director/funeral home to handle
the funeral.
