Question

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 statements Maryann made to her friends, which of the following is true in regards to her statement that Candy cannot recover because Candy has not suffered a 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.

Answer 1

The statement in regards Candy is that Maryann is incorrect because general damages would be presumed. Thus the correct option is (D).

What are General Damages?

Damages that inevitably and directly result from a contract breach. Or, to put it another way, those losses that, in a perfect world, every damaged party would sustain is known as the General Damages.

As per the above situation, Candy is suffering from the loss of the reputation due to the Maryann actions against her for writing the editorial and spreading the wrong news about her saloon.

Candy is the subject of the claim, and Maryann is mistaken since general damages would be assumed. hence, the appropriate choice is (D).

Learn more about breach of contract here:

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