If someone falsely claims permission to authorize a cremation, who is liable for the damages?

In situations where someone falsely claims permission to authorize a cremation, the individual making the misrepresentation is typically held liable for the damages. This is because liability is generally assigned to the party that directly engaged in the wrongful act, which in this case is the act of misrepresentation or fraud. When a person falsely claims to have the authority to make such a decision, they are putting both the crematory business and the deceased's family at risk, but the consequences of their deception are primarily borne by them.

While the crematory business might face liabilities or consequences due to believing the false claim or due to potential damages caused by the misrepresentation, the primary responsibility lies with the individual who made the false claim. Legal principles often stipulate that an agent or representative can be held accountable for their actions if they overstep their authority or engage in deceitful practices. Additionally, the deceased's family generally cannot be held liable simply for having a fraudulent claim made against them unless they were somehow complicit in the misrepresentation. The local registrar's role in this context is more administrative, tracking permits and managing records, rather than being directly liable for misrepresentation claims.