A firm offer by a merchant may be oral.
Dominique, a certified public accountant, provides accounting services to Eagle
Corporation. The services include preparing Eagle’s financial reports and issuing
opinion letters based on the reports. In 2008, Eagle falls into serious financial trouble,
but neither Dominique’s reports nor her opinion letters indicate this situation. Relying
on Dominique’s portrayal of Eagle’s financial situation, Eagle borrows a large sum of
money to build a new shipping facility. In lending Eagle the money, First National Bank
relies on Dominique’s opinion letter. Dominique is aware of this reliance. If Dominique
did not engage in intentional fraud but was negligent, what is her potential liability?