"When the family matriarch, Edna, passed away at the age of 90, her son Leopold entered into a contract for funeral services with a local funeral home. Among other matters, the contract provided for an open-casket visitation for those grieving Edna's passing and a funeral that was to occur later on the same day as the visitation. The contract specified that the casket containing Edna's body would then be transported to the cemetery and be buried (which is called an interment).

"Just prior to the visitation, a staff member wheeled out a casket containing a woman's body dressed in Edna's clothes. Unfortunately, however, the body was not Edna's. The staff member quickly investigated and had the difficult task of informing Leopold and his sister that their mother's body ha been cremated in error and that the body previously wheeled out was that of someone else. Leopold and his sister felt devastated and therefore cancelled the scheduled visitation, funeral, and interment. Edna's ashes remain at the funeral home. Leopold and his sister are now considering an action against the funeral home for breach of contract.

"a. Leopold can most certainly sue the funeral home for breach of contract, but Leopold's sister cannot. Why?

"b. What term or terms of the contract do you think the funeral home has breached?

"c. Is Leopold obligated to continue in his contract with the funeral home - including rescheduling the visitation, funeral, and interment - or is he free to treat the contract as ended?

"d. In what way, if any, can Leopold mitigate his losses?

"e. What are Leopold's pecuniary losses?

"f. Based on Fidler v Sun Life Assurance Company (discussed in Chapter 9, sic.), can Leopold recover for non-pecuniary damages?"