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Independent Funeral Choice - Sudden Death

EXAMPLE OF BREACH

© evansaboveonline 2008

From speaking with others who have lost loved ones and made funeral arrangements with funeral undertakers, in and outside of Milton Keynes, I have not spoken with anyone to date, that has been given a contract of the funeral requirements, coupled with terms and conditions, when arranging a funeral. I am some what bemused, at the reluctance of the funeral undertaker to do this, especially given the fact that if they do not, then they themselves cannot rely upon this should a claim be made against them?

If I had been given a contract, matters would have been so much easier to prove, when forced to take the matter to court. I would insist upon a contract at all times, should I have the misfortune to arrange another funeral and have the need to purchase the services of a funeral undertaker or other.

 

Listed below is an outline of my own experience when making funeral service arrangements, which you may be able to equate with. It is not intended as legal guidance. Please consult with a legal expert or advisor, before making any claim for breach of contract. I have listed several contacts below to hopefully lesson the extra added distress in searching the net and phone books,

for assistance.

 

A Contract is an agreement between parties which is binding in law. The rights and obligations of the parties under a contract may be enforced by the courts. The courts may compel performance of contractual obligations by the party in default or, more commonly, may award damages for breach of contract.

For a contract to be formed four basis elements must be present offer, acceptance, consideration and the intention to create legal relations.

Generally much negotiations takes place between the parties before an agreement becomes binding and a contract is formed. It is important therefore to recognise the precise moment when a contract is formed as this is when the parties assume contractual obligations and the consequent risk of liability if the terms of the contract are breached.

 

OF COURSE CONTRACT LAW IS MORE COMPLICATED THAN THIS, AND I WOULD ADVISE AT ALL TIMES TO CONSULT WITH THE RELEVANT BODIES LISTED IN MY SECTION OF RELATED LINKS, BEFORE PROCEEDING WITH A CLAIM. PLEASE READ ON AND TO ASCERTAIN IF YOU CAN EQUATE WITH THE EXAMPLE OF MY EXPERIENCE:

 

My brother and I, had taken my son’s clothing along to the undertakers and asked that he be dressed in this attire. I didn’t take along shoes as I wished to remember Boyd, as though lying on his bed. Family members, friends and of course myself, placed tokens of love, trinkets, letters and flowers in Boyd’s coffin, which was approved by me. I was to be consulted when anyone wished to go and visit Boyd in the chapel of rest. I had no written agreement of this and neither had I been given a written estimate of costs. (please refer to example in my funeral planning section)

 

An oral contract is any contract which is expressed in words (written or spoken).

This contrasts with a contract which is implied by actions of the parties. An implied contract can be either implied in fact or implied in law. A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, by going to a doctor for a physical, a patient agrees that he will pay a fair price for the service. If he refuses to pay after being examined, he has breached a contract implied in fact.

 

I WAS GIVEN TO UNDERSTAND BY TRADING STANDARDS THAT THE BREACH OCCURRED THE MOMENT I STATED WHAT I HAD WANTED BOYD TO BE DRESSED IN AND MY COMMENTS TO THE CONTENT OF HIS COFFIN. ALTHOUGH NOTHING WAS IN WRITING, MY BROTHER BORE WITNESS. THE BREACH WAS INCORPORATED INTO MY PARTCULAR OF CLAIM TO PRESENT TO THE DEFENDANT AND THE COURT.