Jen and Berry’s is a nationally recognized ice cream manufacturer. Their main competition is Eddie’s, a regionally recognized brand that is becoming more popular. In order to keep their place at the top of the ice cream market, Jen and Berry’s launches a marketing campaign claiming that they use only organic ingredients in their ice cream and that their ice cream is fresher, creamier and better tasting than Eddie’s ice cream. In fact, Jen and Berry’s does not use organic ingredients in its ice cream. As a result of the campaign, Eddie’s sales fall off and he eventually goes out of business. In an action against Jen and Berry’s for misrepresentation, Eddie’s will: Win, because Jen and Berry’s claim about using organic ingredients was false Lose, because Jen and Berry’s made no disparaging remarks about Eddie’s products Win, because the claim that Jen and Berry’s ice cream is fresher, creamier and better tasting than Eddie’s ice cream is opinion and not fact Lose, because Jen and Berry’s is the leading brand of ice cream on the market

Sunshine Groves is a grower and wholesaler of oranges. The Squeeze Me Orange Juice Company wants to buy its oranges from Sunshine but CitruFarms, a competitor of Sunshine tells Squeeze Me that Sunshine’s oranges are sour and not fit for juice. In fact, Sunshine grows a special breed of bitter orange that is not good for regular orange juice. In an action against CitruFarms for injurious falsehood, Sunshine will probably: Lose, because Citrufarms is a competitor of Sunshine Win, because Sunshine lost a potential account with Squeeze Me because of CitruFarms Lose, because Sunshine’s oranges are not fit for juice Win, because CitruFarms interfered with Sunshine’s contract with Squeeze Me

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