Question

Rosie and Winetta were a mother and daughter hair salon team. They were both experienced beauticians and had been licensed in the business for 42 years collectively -- Rosie (the mother) for 30 years and Wineta (the daughter) for 12 years. Their Hair Salon was called "Hair Beauties." Ever since Winetta was a little girl she admired her mother's artistic ability to take even the most frazzled tresses and create exquisite artistry. Soon after high school Winetta went into beauty school and joined her mother in their very successful shop on Main Street in the bustling business district. So popular were these two beauticians that all the highly paid executives frequented their salon. Their relationship was extremely loving and close. Only Rosie and Winetta worked in the shop. When Winetta was 29 years old she was diagnosed with a rare form of cancer. Following an agonizing struggle, she died. Rosie hired a mortuary company called Mortuary's R Us to handle her daughter's body. She gave strict instructions to the company that she alone would prepare her daughter's hair for the viewing. When Rosie arrived to "do" the "do" this one last time and say her intimate good. byes, she was shocked at the sight of her daughter's hair, which had been shaved of completely and a wig put in its place. Also, her daughter's high school ring (with diamond) was missing After bursting into tears with her curlers in hand, she ran into the company management office. They contacted the embalmer and he caimed that Winetta's hair was badly knotted and thus he removed it Rosie daimed she had combed Winetta's hair-out thoroughly just prior to her taking her last breath in the hospital. Rosie has come to us to learn what rights she has, if any. Please analyze and discuss the following

A) Was there a breach of contract by the mortuary in failing to honor any fiduciary duties it might have to the corpse and its family? A) Was there a breach of contract by the mortuary in failing to honor any fiduciary duties it might have to the corpse and its family?
B.) Was the mortuary negligent in the handling of the body?
C.) Did intentional emotional distress result from the company's actions!
D.) Who, if anyone, is responsible for the loss of the high school ring with the diamond in it?
E) Please remember to discuss all defenses the company can utilize.

Answer 1

A) Yes, there may be a breach of contract by the mortuary in failing to honor fiduciary duties to the corpse and its family.

B) Yes, the mortuary could be considered negligent in the handling of the body.

C) Yes, intentional emotional distress could be a result of the company's actions.

D) The responsibility for the loss of the high school ring with the diamond depends on the circumstances, and it may be a point of contention.

Step-by-step explanation:

A) The mortuary's removal of Winetta's hair without respecting Rosie's explicit instructions could constitute a breach of contract and a failure to honor fiduciary duties. Rosie entrusted the mortuary with the responsibility to handle her daughter's remains according to her wishes, and their deviation from these instructions may amount to a violation of the agreed-upon terms.

B) Negligence is evident in the mortuary's decision to shave Winetta's hair without proper communication or consent. The mortuary had a duty of care to handle the body with respect and follow the family's wishes. Deviating from those wishes, especially without valid reasons, could be deemed negligent conduct.

C) The intentional emotional distress is likely a consequence of the mortuary's actions, specifically disregarding Rosie's explicit instructions. Rosie's emotional distress, upon discovering the mishandling of her daughter's body, can be attributed to the mortuary's failure to fulfill its responsibilities with sensitivity and respect.

D) Responsibility for the loss of the high school ring would depend on the circumstances surrounding its disappearance. If the mortuary was entrusted with the ring and failed to safeguard it, they might bear responsibility. Alternatively, if there is evidence of theft or mishandling outside the mortuary's control, the responsibility might shift.

In any legal proceedings, the mortuary could potentially raise defenses such as unforeseeable circumstances, lack of clarity in instructions, or adherence to standard industry practices. However, these defenses would need to be carefully examined in the context of the specific facts of the case.