Happy-Time Beverages agreed in writing with Fizzy Cola Company to serve for three years as a distributor in a six-county area of Fizzy Cola, which contains a small amount of caffeine. Happy-Time promised in the contract to "promote in good faith the sale of Fizzy Cola" in that area; but the contract said nothing about restrictions on the products that Happy-Time could distribute. Six months later, Happy-Time agreed with the Cool Cola Company to distribute its caffeinefree cola beverages in the same six-county area. If Fizzy Cola Company sues Happy-Time for breach of their distribution contract, which of the following facts, if established, would most strengthen Fizzy's case? 
Cool Cola's national advertising campaign disparages the Fizzy Cola product by saying, "You don't need caffeine and neither does your cola."  Since Happy-Time began to distribute Cool Cola, the sales of Fizzy Cola have dropped 3% in the six-county area.  Prior to signing the contract with Fizzy Cola Company, a representative of Happy-Time said that the deal with Fizzy would be "an exclusive."  For many years in the soft-drink industry, it has been uniform practice for distributors to handle only one brand of cola. 
Question: Happy-Time Beverages agreed in writing with Fizzy Cola Company to serve for three years as a distributor in a six-county area of Fizzy Cola, which contains a small amount of caffeine. Happy-Time promised in the contract to "promote in good faith the sale of Fizzy Cola" in that area; but the contract said nothing about restrictions on the products that Happy-Time could distribute. Six months later, Happy-Time agreed with the Cool Cola Company to distribute its caffeinefree cola beverages in the same six-county area. If Fizzy Cola Company sues Happy-Time for breach of their distribution contract, which of the following facts, if established, would most strengthen Fizzy's case? 
A. Cool Cola's national advertising campaign disparages the Fizzy Cola product by saying, "You don't need caffeine and neither does your cola." 
B. Since Happy-Time began to distribute Cool Cola, the sales of Fizzy Cola have dropped 3% in the six-county area. 
C. Prior to signing the contract with Fizzy Cola Company, a representative of Happy-Time said that the deal with Fizzy would be "an exclusive." 
D. For many years in the soft-drink industry, it has been uniform practice for distributors to handle only one brand of cola. 
Answer: