[Hair Stylist Woes] Ryan, a college student, went to see his hair stylist, Melissa. Ryan, who had black, curly hair, requested straight, blond hair. Melissa told him that she could make those changes, but that there would be significant upkeep involved. Melissa made the changes, but Ryan did not do the upkeep required. Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do, that Melissa lied to him, and that Melissa was professionally incompetent. Ryan made the statements about Melissa to friends of his. He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent. In fact, Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism. Melissa threatened to sue Ryan for defamation, but Ryan told Melissa that she could not prevail because she could not prove loss of income. Melissa had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, 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. All her appointment times were booked for weeks ahead.
-In reference to the statements made to his friends, which of the following is true in regards to Ryan's remark that Melissa cannot recover because she has not suffered a loss of income?
A) Ryan is correct.
B) Ryan is correct only if he can show that he did not intend to cause Melissa loss of income.
C) Ryan is incorrect because his statements constituted slander per se.
D) Ryan is incorrect because special damages will be presumed.
E) Ryan is incorrect but only because Melissa cannot establish libel per se.
Correct Answer:
Verified
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