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· 2/23/1994

Flores v. Baca

Citations

  • 871 P.2d 962
  • 117 N.M. 306

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that surviving family members may be implied-in-fact intended beneficiaries of funeral and burial contracts
  • holding that the funeral home owed tort and contract duties to the surviving children as a result of its improper embalming of their father’s body
  • holding that emotional distress arising from breach of contract to embalm was perhaps the only damage to be expected and was within the implied contemplation of the parties
  • holding that the funeral home owed tort 6 and contract duties to the surviving children as a result of its improper embalming 7 of their father’s body
  • noting that foreseeability arises in contract cases in answering whether special damages were contemplated
  • stating that courts permit recovery for mental anguish caused by breach of contract in cases in which the purpose of the contract would be frustrated unless such damages were awarded, for example in a contract for funeral services

Source: CourtListener parenthetical corpus (CC0).

Judges: Ransom, Baca, Franchini

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.