James & James, CPA issued an unqualified opinion on the financial statements of the company that engaged them, Jones Company, which is in a traditional (like New York) privity state. Hamson Bank loaned $1,000,000 to Jones Company. Jones Company defaulted on the loan. Hamson Bank sued James & James, alleging ordinary negligence. There is controversy regarding whether the financial statements were in conformance with GAAP and whether the audit was in conformance with GAAS. The best defense of the CPA's is
a. Allege Hamson bank did not rely on the financial statements.
b. Allege the Statute of Frauds has not been satisfied.
c. Allege that there was no ordinary negligence in performance of the audit.
d. Ask the Court to dismiss the case due to lack of privity of contract, since Hamson Bank is a third party.