Ch. 6 - Liability for funeral expenses

Liability

Responsibility for action and other debts

A contract may be

Express, at need, prefinanced, implied, quasi

Quasi- Contract is a….

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

In the absence of agreement the law can create which Obligation?

Quasi-contract

What contract can courts invoke where unjust enrichment occurs?

Quasi Contract

Function of quasi contract

Raise obligation in law where the parties make no promise.

Estate

Property of a deceased person, both real and or personal

If pre need funded contract or insurance provision is absent, primary responsibility for payment should come from where?

The decendents estate

What are the limitations on claims for payment under insolvency?

Size of estate, status in life, local of ethnic customs, how reasonable the charges are, knowledge of descendents financial conditions

Preferred claim

Claim according a priority, advantage privilege

Highest preferred clain

Superior to all other claims, first claim to be paid.

General order of preferred claim

Federal, Estate taxes, probate expenses, funeral and last illness cost and general estate creditors

Secured claim

A debt supported by a pledge, mortgage or lien on asset

Common law may help determine

Who has liability

If preceed funded contract or insurance provision is absent primary responsibility for payment should come from what?

Decendents estate

If preceed funded contract or insurance provision is absent primary responsibility for payment should come from what?

Decendents estate