3rd Quarter Mortuary Law Test 2 Flashcards Preview

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Flashcards in 3rd Quarter Mortuary Law Test 2 Deck (93)
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1

Agreement between two or more competent persons which is enforceable by law.

Contract

2

Elements of a contract:

Offer
Acceptance
Consideration

3

Expression of willingness to enter into a contractual agreement

Offer

4

agreement to an offer resulting in a contract

acceptance

5

What the promisor demands and receives as the price for a promise.
How one will pay cash, check, money order, property, etc.

consideration

6

parties to a contract

Offeror
Offeree

7

party who initiates or makes an offer

offeror

8

example of an offeror...

FUNERAL HOME

9

person to whom an offer is made

offeree

10

example of an offeree

family in a funeral home that accepts or rejects

11

types of contracts

express
implied
quasi

12

parties express their intentions at the time of the agreement...either written or oral

express contract

13

examples of express contracts

At need funeral
Pre-need funeral

14

contract terms are assumed by acts or conduct of the parties

implied contract

15

examples of implied contracts

first call

16

implied contracts become_____________

express contracts

17

fictional contract applied by a court for a person who is unable to contract for himself.

Raises an obligation in law where, in fact, the parties made no promises.

quasi contract

18

example of quasi contract

emergency medical care

19

liability for funeral expenses

Decedent's estate
Real property
Personal property

20

property of a deceased person

estate

21

anything attached to land or land itself

real property

22

tangible or intangible property, such as personal effects, furniture, vehicles, jewelry, money, stocks & bonds

personal property

23

personal property can be....

tangible or intangible

24

condition of leaving a WILL at time of death, may or may not provide for funeral expenses.

testate

25

state or condition of dying without having made a will...NO WILL

intestate

26

not able to meet debts

insolvent estate

27

liabilities EXCEED the assets
estate is unable to pay debts of the decedent or estate

insolvent estate

28

limitations of the estate

size of estate
reasonableness of charges
local & ethic customs
status in life
director's knowledge
decedent's financial condition

29

Amount of money available to pay funeral expenses.
Are the funeral expenses proportional to the size of the estate?
Related to “solvency”

size of the estate

30

one can meet its debts...assets EXCEEDS the liabilities...more cash than expenses (bills)

solvent estate