South Carolina Funeral Law Practice Exam

True or False: A crematory authority is liable for damages if it refuses to accept or cremate human remains due to a dispute.

1. True

2. False

The correct answer is: False

The assertion is false. A crematory authority is typically not liable for damages if it refuses to accept or cremate human remains due to a dispute. Such disputes may arise over a variety of issues, including who has the legal right to make arrangements for the remains or if the remains do not meet the necessary legal requirements for cremation. In many situations, the crematory must adhere to specific laws and regulations governing the handling of human remains, which may involve clarifying the legal rights of the parties involved. If the crematory authority can demonstrate that its refusal is based on legitimate legal grounds—such as an unresolved dispute regarding authorization or compliance with state laws—it is often protected from liability. Hence, while it is important to handle disputes delicately, the legal structure generally shields crematories from accountability in these circumstances, allowing them to refuse cremation until the dispute is resolved, without facing damages.