Does your answer change if this contract is written and not verbal?

Scenario 2

Mike is an administrative assistant for Sally, a small plumbing materials supplier who is the sole proprietor of her business. He’s been at his job six months and feels comfortable in his position, although he is still learning. There are only two people in his office – himself and his manager, Sally. On Friday, Sally stayed homesick because of the flu. Mike still attended work, as he had a lot of paperwork to get complete. In the middle of the day, Johnson, a customer from a large plumbing firm, walks in. He tells Mike that he needs to purchase supplies for a water fountain installation and asks Mike for a recommendation.

Mike recommends materials that later turn out to be inadequate for the job. Over the weekend, the materials were installed and later caused a leak, causing serious water damage in the foyer of an office building.

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