This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Florida Complaint For Wrongful Interference With Right To Possession For Burial
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Multi-State
Control #:
US-000303
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Word;
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FAQ
A deceased body cannot be held in any place or in transit for more than 24 hours unless it is refrigerated at 40 degrees Fahrenheit or below, or is already embalmed. When being transported, a deceased body must be placed in a container designed to prevent seepage of fluids and odors.
The elements of tortious interference The four elements are: the plaintiff's existence of a business relationship, the defendant's knowledge of the relationship, the defendant's intentional interference disrupts the relationship and the existence of damages.
The ?tortious means? requirement limits liability to cases where the wrongdoer interfered with the inheritance or gift by committing some independent wrong, such as forging, altering, destroying or hiding a will or other document, by defaming the intended recipient, or by lying or committing fraud (fraudulent ...
The tort of interference with a dead body applies to intentional acts, reckless acts, and negligent acts. An undertaker who negligently or recklessly embalms a deceased person's body is liable for the tort if he or she harms the body or if he or she prevents the body from being properly buried or cremated.
The action for tortious interference with a dead body allows for recovery for emotional harm and mental suffering caused by the willful misuse of a body. Willful misuse includes conduct that would naturally cause mental anguish, such as mutilation or improper burial of the body.
The tort of interference with a dead body applies to intentional acts, reckless acts, and negligent acts. An undertaker who negligently or recklessly embalms a deceased person's body is liable for the tort if he or she harms the body or if he or she prevents the body from being properly buried or cremated.