Flashcards in 3rd Quarter Mortuary Law Test 2 Deck (93)
Agreement between two or more competent persons which is enforceable by law.
Elements of a contract:
Expression of willingness to enter into a contractual agreement
agreement to an offer resulting in a contract
What the promisor demands and receives as the price for a promise.
How one will pay cash, check, money order, property, etc.
parties to a contract
party who initiates or makes an offer
example of an offeror...
person to whom an offer is made
example of an offeree
family in a funeral home that accepts or rejects
types of contracts
parties express their intentions at the time of the agreement...either written or oral
examples of express contracts
At need funeral
contract terms are assumed by acts or conduct of the parties
examples of implied contracts
implied contracts become_____________
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.
example of quasi contract
emergency medical care
liability for funeral expenses
property of a deceased person
anything attached to land or land itself
tangible or intangible property, such as personal effects, furniture, vehicles, jewelry, money, stocks & bonds
personal property can be....
tangible or intangible
condition of leaving a WILL at time of death, may or may not provide for funeral expenses.
state or condition of dying without having made a will...NO WILL
not able to meet debts
liabilities EXCEED the assets
estate is unable to pay debts of the decedent or estate
limitations of the estate
size of estate
reasonableness of charges
local & ethic customs
status in life
decedent's financial condition
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