Carvey Co. manufactures many different products and sells them on a nationwide basis. One of these products is an electric hair-cutting device known as a suction-cutter. Myers Corp. manufactures a competing suction-cutter. Wayne Sworld, assistant sales manager for Myers, was attempting to convince as many retailers as possible that they should carry only Myers suction-cutters and not those of Carvey. Sworld therefore said this to various retailers: "Carvey makes a wide variety of merchantable products, including a suction-cutter that is suitable for the ordinary purposes for which style-conscious consumers use such a product. The Myers suction-cutter is ever so superior, however, because it has four speeds rather than the mere three speeds on the Carvey suction-cutter. The Carvey suction-cutter thus does not extend the pressed-for-time consumer the freedom of choice provided by the Myers suction-cutter. In addition, the Carvey suction-cutter works only on the hair of male-type persons, whereas the Myers suction-cutter achieves stunning results on the hair of dudes and babes. Most common household pets love it too." In reality, the Carvey and Myers suction-cutters both have four speeds, and both are suitable for use on the hair of males and females. Under applicable law, Sworld's statements would be considered those of Myers. Three of the retailers to whom Sworld made the above statements decided to carry only Myers suction-cutters and not those of Carvey. Assuming that Carvey can prove any necessary fault requirement, Carvey should?
1) win an injurious falsehood claim against Sworld and Myers because their false statements harmed Carvey's economic interest in the sale of its product.
2) win a defamation claim against Sworld and Myers because the court would regard the false statements as having a tendency to harm Carvey's reputation for competence.
3) win a defamation claim against Sworld and Myers because their statements harmed Carvey's economic interest in the sale of its product.
4) win an injurious falsehood claim against Sworld and Myers because of the rule that when false statements are uttered by a defendant, harm to the plaintiff is presumed to have occured.
Select the correct answer from the choices above.