Commentary

93.3 Human remains—exceptions

BAILMENT vol 3(1)
| Commentary

93.3 Human remains—exceptions

| Commentary

93.3 Human remains—exceptions

There are, however, exceptions to the general rule1. Human remains can become the subject of property where they have been so altered by human intervention as to cease to constitute a mere corpse (or part of a corpse) awaiting burial2; personal representatives of the deceased person are entitled to delivery up of the corpse for burial or cremation3; and the common law may develop other exceptions in due course4. In all these events an enforceable bailment of sorts might arise between parties that are temporarily and residually entitled to

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