Asked by Mckennzie Kearns on Jul 21, 2024
Verified
Hair Stylist Woes.Maryann went to see her hair stylist,Candy.Maryann,who had black,curly hair,requested straight,blond hair.Candy told her that she could make that change,but there would be significant upkeep involved.Candy made the change,but Maryann did not do the upkeep required.She also falsely claimed that Candy did not do what Maryann asked her to do,that Candy lied to her,and that Candy was professionally incompetent.Maryann made the statements to friends of hers.She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent.In fact,Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism.Candy threatened to sue Maryann for defamation,but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income.Candy had to admit that while her reputation had been damaged somewhat,the damage was primarily among the college population.Her income kept increasing from other segments of the community,and she had suffered no net loss.As far as the editorial is concerned,which of the following is true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income?
A) Maryann is correct.
B) Maryann is correct only if she can establish that she did not intend to cause economic loss to Candy.
C) Maryann is incorrect because her actions would be considered liable per se.
D) Maryann is incorrect because general damages would be presumed.
E) Maryann is incorrect because Candy has proven special damages.
General Damages
Compensation awarded in a lawsuit for losses that do not have a specific economic value, such as pain and suffering or defamation.
Loss of Income
An inability to earn income due to an unforeseen event, such as an injury, illness, or job loss.
Libel Per Se
Defamatory statements that are blatantly damaging to an individual's reputation without the need for further explanation or proof of harm.
- Comprehend the unique aspects of defamation law, specifically slander per se and libel, as well as the importance of demonstrating income loss.
Verified Answer
GS
Gursimran singhJul 28, 2024
Final Answer :
D
Explanation :
Defamation is the intentional publication (i.e.,communication to a third party)of a false statement harmful to an individual's reputation.If the defamation is published in a permanent form,such as printed in a magazine or newspaper,it is known as libel.In the case of libel,general damages are presumed.Thus,the victim would be entitled to compensation for the damages that are presumed to flow from defamation yet are hard to prove,such as the humiliation the victim would feel.
Learning Objectives
- Comprehend the unique aspects of defamation law, specifically slander per se and libel, as well as the importance of demonstrating income loss.