quiz 3 chapters 5-7

Question 1

Bailment:

Answer 1

• The transfer of possessions, but not the title of personal property by one party to another, under agreement

*The transfer is on the condition that the same property will be returned or appropriately accounted for either to the power or to a designed person at a future date

Question 2

Bailor:

Answer 2

*The party who gives up possession, but not the title, of personal property in a bailment.

*EXAMPLE : Checking your coat at a restaurant meets the requirements of bailment

Question 3

Bailee:

Answer 3

*The party who acquires possession, but not title, of personal property by one party to another, under agreement.

• EXAMPLE: When the coat room at the same restaurant receives your coat they become the bailee and meet the requirements of a bailment delivery and acceptance.

Question 4

Bailment for the Sole Benefit of the Bailor:

Answer 4

*If one holds another’s personal property only for the benefit of the owner, a bailment for the sole benefit of the bailor exists

Question 5

Gratuitous Bailment:

Answer 5

*A bailment for the sole benefit of the bailor; the bailee does not receive any compensation.
* EXAMPLE: When a person takes care of a pet for a vacationing friend. (Bailee receives no benefits or compensation)

Question 6

Bailment for the Sole Benefit of the Bailee:

Answer 6

*If the bailee holds and uses another’s personal property and the owner of the personal property receives no benefit or compensation, a bailment for the sole benefit of the bailee exists.
* EXAMPLE: This type of bailment arises when someone’s personal property is borrowed.

Question 7

Bailment for the Mutual Benefit of Bailor and Bailee:

Answer 7

*Most bailments exists for the mutual benefit of both the bailor and bailee.
*Some common bailments of this type include a TV left to be repaired, laundry, and dry cleaning contracts as well as the rental of an automobile or furniture

Question 8

Extraordinary Bailments:

Answer 8

*Usually requires an unusually high standard of care

Question 9

Bailor – Bailee Relationship:

Answer 9

*Bailor-Bailee relationship
-Liability of funeral establishment regarding bailed property

Question 10

Moral turpitude:

Answer 10

*showing inherent baseness or vileness of principle or action (being able to have a guideline or limit and not going below them)

Question 11

Lien:

Answer 11

*a claim or charge against real or personal property for payment of some debt (there can be no lien against a dead human body for it is not property). (Can not hold a body for ransom)

Question 12

Replevin:

Answer 12

*an action to recover possession of wrongfully withheld personal property.

Question 13

What is mutilation of a body?

Answer 13

*any unauthorized procedures preformed on the dead human body is MUTILATION

Question 14

Mental Anguish:

Answer 14

*Courts reluctant to award damages that can not be measured
*Showing physical impact to recover damages
*Cannot be diagnosed

Question 15

Intentional infliction of Mental Distress:

Answer 15

*if a court awards damages for mental anguish it will be because these are proven..
If act is:
Intentional
Outrages
Reckless
Malicious
Done with intent

Question 16

Express Contract:

Answer 16

*Contract in which the parties express their intentions, either orally or in writing, at the time of the agreement
- At need
- Pre-financed
- Pre-Need

Question 17

Implied Contract:

Answer 17

*The terms of the contract are implied by acts or conduct of the parties

*Is not written

Question 18

Quasi Contract:

Answer 18

*Fictional contract created or implied by a court for a person who is unable to contract for himself

*Court has to put executor over the deceased

Question 19

The Funeral director is required to:

Answer 19

*Ascertain who is responsible party

*Ensure party is legally bound to make the payment (whoever signs the contract is responsible)

Question 20

What are the sources of payment for a funeral?

Answer 20

-Estate
-spouse
-Parent of minor
-Any person(s) who sign contract
-Government (Popper burial, SSI (Social Security)

Question 21

Who pays the funeral bill?

Answer 21

*The person who signs the contract is the person who pays the funeral expenses. Just because someone has the right of disposition, doesn’t mean they have to pay the bill.

Question 22

What might you see on a Itemized bill??
(Allowable cost items of a funeral, including but not limited to:)

Answer 22

-Embalming
-Professional services
-Facilities
-Casket
-Clothing
-Transportation
-Cemetery/cremation costs
-Grave marker
-Flowers
-Newspaper notices
-Outer burial container

Question 23

Items that could make someones funeral bill go up:

Answer 23

-Custom
-Religion
-Fraternal requirements
-Legal requirements
-Cemetery/crematory requirements

Question 24

what are the three Claims?

Answer 24

-Preferred claim (Initial contract with funeral home)
-Secured claim – lien (Deed on persons property can be used)
-Unsecured claim – no lien ( have nothing as collateral)

Question 25

Common law may determine who has liability:

Answer 25

Examples: *Spouse for spouse ( deceased might have had a side chick) *Parents for minor/dependent children ( who has the right of custody) *Volunteer *Public authorities

Question 26

What the Husbands are responsible for and not responsible for (According to who wears the pants)

Answer 26

*Common law rule that husbands/fathers are responsible for their wife and dependent children *Regardless if the deceased left an estate *Husband/father than not recoup funeral expenses from the estate *Husband responsible for funeral expense if separated *Husband responsible when he claims he did not make arrangements or attend services *Not responsible if someone volunteers to pay

Question 27

Insurer:

Answer 27

*Insurance Company

Question 28

Insured:

Answer 28

*The person covered by insurance

Question 29

Policy:

Answer 29

*Insurance contract ( Initial contract)

Question 30

Premium:

Answer 30

*Consideration paid to the insurer

Question 31

Underwriter:

Answer 31

*Insurance company

Question 32

Parties:

Answer 32

* the individual who falls in the contract

Question 33

Insurable Interest:

Answer 33

*an interest either in a person’s life or well-being or in property that is sufficiently substantial that insuring against injury, death or damage to personal property does not amount to a mere wagering (betting) contract *Must have some type proof that you have some part of interest with that person

Question 34

Incontestability clause:

Answer 34

*insurer cannot contest statements made in application once policy is two or three years old ( may say you already had an illness before you take out the policy)

Question 35

Appraisal clause:

Answer 35

*appraisal made if parties can not agree on the value of the loss ( more so on property )

Question 36

Cancellation:

Answer 36

*insurance company may cancel under certain conditions (suicide clause, war clause)

Question 37

What is the better type of insurance?

Answer 37

Whole life