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?