Jones and Smith, who were professional rivals, were attending a computer industry dinner where each was to receive an award for achievement in the field of data processing. Smith engaged Jones in conversation and expressed the opinion that if they joined forces, they could do even better. Jones replied that she would not consider Smith as a business partner and when Smith demanded to know why, told him that he, Smith, was incompetent. The exchange was overheard by Brown, who attended the dinner. Smith suffered emotional distress but no pecuniary loss. If Smith asserts a claim against Jones based on defamation, will Smith prevail? 
No, because Smith suffered no pecuniary loss.  No, because Jones's statement was made to Smith and not to Brown.  No, unless Jones should have foreseen that her statement would be overheard by another person.  No, unless Jones intended to cause Smith emotional distress. 
Question: Jones and Smith, who were professional rivals, were attending a computer industry dinner where each was to receive an award for achievement in the field of data processing. Smith engaged Jones in conversation and expressed the opinion that if they joined forces, they could do even better. Jones replied that she would not consider Smith as a business partner and when Smith demanded to know why, told him that he, Smith, was incompetent. The exchange was overheard by Brown, who attended the dinner. Smith suffered emotional distress but no pecuniary loss. If Smith asserts a claim against Jones based on defamation, will Smith prevail? 
A. No, because Smith suffered no pecuniary loss. 
B. No, because Jones's statement was made to Smith and not to Brown. 
C. No, unless Jones should have foreseen that her statement would be overheard by another person. 
D. No, unless Jones intended to cause Smith emotional distress. 
Answer: