In Squish La Fish V

In Squish La Fish v. Thomco Specialty Products, involving an adhesive that did not work as claimed, the appeals court held that the claim of negligent misrepresentation:

A) failed because the defendant only recommended a product made by another company
B) failed because the defendant obtained no financial gain by the bad decision
C) failed because the plaintiff is a sophisticated business and could evaluate the product
D) could proceed because the defendant may have negligently provided false information
E) could proceed because the defendant intended to extract a large payment from the plaintiff based on false information