BigTuk said:
Actually, the cemetery is on firm legal footing. Even after the contract is signed it may be terminated by either party and all exchanges returned. In short the family is left with exactly what they entered into the deal with.
Depends on what the contract laws are in Ohio, but regardless the cemetery can't return all exchanges. Not technically, at least. The cemetery is unable to return the funereal itself, as an event. One could make the argument that the event itself was a perishable good due to the nature of events (time constraints -the body of the deceased namely- and the associated costs -family/friends out of state travel, the wake, food, ect-). Contract law dealing with perishable good are a little different as after the item is consumed often times there is no way to back out of the contract. Think of it like a burger at a fast food franchise. If the order is wrong and you take a bite or two and realize it is wrong you can get the order fixed, but if you eat the whole thing you are not entitled to another burger made the way you wanted for free even thought he contract was not honored. It is considered a complaint after the goods were accepted by both parties and thus the statute of limitation closed out.
Or how about this. What if a cemetery has done the funeral and met the contractual obligations, but the family decides not to pay and void the contract after the fact because they didn't like the hue of grey that was on an employee's shirt? Sounds pretty stupid when this situation is turned around, don't it?
Remember this is not just about their plot, unlike houses, you can't build a privacy fence around a grave... well they could but the family would likely toss a fit about those graves being walled off from the rest of the cemetery.
You could very well treat it like a house. A privacy fence is only to obscure the view, so why can't we start looking at that option? Why don't they (the cemetery) offer to erect a small tent like structure over the headstone until they can come to an agreement? It would still be a dick move, but at least the cemetery wouldn't have basically desecrated the grave after the family left without telling them. And you don't know how the family would react to this option so don't use assumptions as a basis for an argument.
The family is of course free to find another cemetery to bury their daughters in.
And the cemetery is of course free to honor the contract they signed.
As for Spongebob. Look that headstone did look a bit tacky. I mean it's a great sculpture but a tacky headstone. That's just a matter of my personal taste but i'm quite sure I'm not the only one.
Does it look tacky to me? Sure does, but it aint my headstone. The only headstone I care about is the one over
my head. I can not let my personal feelings of this headstone affect my reasons for defending it. It is the family's right to put whatever headstone they feel most accurately complies with their daughter's wishes so long as it is not illegal. I will remind you that making someone feel like you are desecrating a holy place or hurting people's feelings with your opinions is not illegal so long as you don't do it in an illegal manner. SpongeBob is not illegal, and a SpongeBob headstone is not illegal.