Does your answer change if this contract is written and not verbal?
Mike is an administrative assistant for Sally, a small plumbing materials supplier who is the sole proprietor of her business. Heâ€™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 â€“ 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.