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Citation:

Link to case on WorldLII (reference).

Rule of thumb: What happens if a funeral director does not carry out the procession in accordance with instructions? If instructions are not followed then damages are owed for this.

Judgment:The facts of this car were that due to negligence a tram car ended up crashing into a hearse. The Court in this case held that people are entitled to a funeral being carried out in the manner which they want, idiosyncratic as it may be. The Court further held that where this was not carried in a proper and respectful manner than they were entitled to damages for any distress or suffering caused by this.

‘It may be that the plaintiffs are of that class which is peculiarly susceptible to the luxury of woe at a funeral so as to be disastrously disturbed by any untoward accident to the trappings of mourning.’

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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.