One late afternoon Moritmores boss insisted that Mortimore draft a letter to Next2 Last National Bank, assuring the Bank that Doolittle & Prospers client, BK, Inc., is creditworthy. The letter is due to the Bank tomorrow. Mortimore had no prior contact with BK, Inc. and is completely unfamiliar with its financial condition. Twenty minutes later and without examining any of BK, Inc.s financial statements, Mortimore writes a letter to the Bank assuring it that BK, Inc. is solvent. Based on Mortimores representations, BK, Inc. received a $500,000 unsecured loan from the Bank. Shortly thereafter BK, Inc. defaulted on the loan. Had Mortimore examined BK, Inc. most recent financial statements he would have learned that the client was nearly bankrupt.

Under what theories might Next2 Last National Bank successfully sue Mortimore and Doolittle & Prosper?