Funeral Service Compend: Mortuary and Business Law

An addition or modification of a will is known as a

Codicil

Whatever the promisor demands and receives as the price for his promise is called

Consideration

The maximum amount of interest that may be charged is called the

Contract Rate

When a funeral director has a dead human body in his care, he is properly termed

Custodian

The election to void a contract is called

Disaffirmance

A personal representative of the decedent appointed in the will to carry out the provisions of the will is called

Executor

A contract in which the terms have not been fully performed by all the parties is said to be

Executory

A term involving a relation of trust or confidence is

Fiduciary

A contract under seal is called

Formal

One who induces another to enter into a contract as a result of an intentionally or recklessly false statement of a material fact is guilty of

Fraud

When a person dies without a will, he is said to die

Intestate

The power or authority which each court has to hear cases is called its

Jurisdiction

A breach of the duty of care one individual has towards others is called

Negligence

The laws of city councils are called

Ordinances

You receive an offer in the mail containing no stipulations as to the acceptance, and you decide to return your acceptance by mail. The agreement is complete when the acceptance is

Placed in the mail by the offeree

The filing and proving of the will following death is called

Probate

A person who dies leaving a valid will is called a

Testator

The right to sue the federal government is derived from

The Federal Claims Act

In order to be enforceable, a valid contract must meet which of the following requirements? 1. Mutual agreement 2. Competent parties 3. Supported by consideration 4. Lawful purpose

All of the above

A contract made by a person who is intoxicated, but aware of the consequences of his/her actions is

Valid

A contract which is enforceable by the courts is

Valid

A contract made by a legally declared insane person is

Void

A contract that is of no legal effect is

Void

Mutual mistakes as to the existence of the subject matter renders a contract

Void

A contract in which undue influence was proven is considered

Voidable

A person appointed by the court to oversee the estate of an intestate is called

Administrator

When a funeral director has the personal effects of a dead human body in his possession, his properly termed a

Bailee

A private or civil wrong, either intentional or caused by negligence, for which there may be action for damages is

Tort

A restatement of one's willingness to be bound by his promises made during minority is called

Ratification

Any rate of interest above the maximum rate allowable by law is said to be

Usurious

A contract that may be set aside by at least one of the parties is

Voidable

A written disposition of property, real or personal, to take effect at the death of an individual is called a

Will