BMS Mortuary and Business Law 5

Question 1

A funeral home embalmer mishandles a body, causing the family severe emotional distress. Under which tort theory may the family recover even without physical injury?

Accepted Answer

Negligent infliction of emotional distress (NIED)

Answer

Courts have recognized NIED claims arising from mishandling of human remains because of the unique emotional harm such conduct causes to surviving family members.

Question 2

Which federal law requires funeral homes to provide written notice to employees of potential hazards associated with formaldehyde exposure?

Accepted Answer

OSHA Formaldehyde Standard (29 CFR 1910.1048)

Answer

OSHA's Formaldehyde Standard requires employers to inform and train employees about formaldehyde hazards, maintain exposure records, and implement controls when levels exceed action levels.

Question 3

A funeral home corporation distributes profits to shareholders proportionally to their stock ownership. This distribution is called a:

Accepted Answer

Dividend

Answer

A dividend is a payment made by a corporation to its shareholders from earnings or profits, distributed proportionally based on shares owned.

Question 4

Under the FTC Funeral Rule, if a consumer selects a third-party casket, the funeral home may charge a handling fee only if:

Accepted Answer

The fee and any other consequences are disclosed in advance on the price list

Answer

The Funeral Rule permits a casket handling fee for third-party caskets only if the fee is disclosed on the General Price List; the home cannot refuse to perform services.

Question 5

A funeral director is sued for breach of contract after failing to arrange a graveside service as agreed. The plaintiff's best measure of damages is:

Accepted Answer

Expectation damages (benefit of the bargain)

Answer

Expectation damages aim to put the non-breaching party in the position they would have been in had the contract been performed — the standard remedy for breach of contract.

BMS - Bachelor of Mortuary Science Practice Test

BMS - Bachelor of Mortuary Science Practice Test

BMS Mortuary and Business Law 5