Robson v Robson, 1898 5 SLT 351
Citation: Robson v Robson, 1898 5 SLT 351
Link to case on WorldLII (reference).
Rule of thumb: What happens if a person’s funeral is not carried out in the manner requested? The funeral directors can be sued for negligence.
Judgment:
This affirmed the principle of ‘burial intentions respect’ – this case affirmed that when people pass away their bodies have to be laid to rest in a fitting way, or their loved ones will have an actionable right for damages over the upset caused by people who negligently disturb this, ‘Looking to the legal nature of the marriage tie as recognised in Scotland, and to the general custom, the widow has the custody of the body and the choice of the place of sepulture in preference to the next-of-kin or relatives of her husband. Though she has no right of property in the corpse, she may have her rights to custody and burial protected by direct action, and, in the event of infringement, damages’, at 353
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.