1. In a written contract, Seller agreed to deliver to Buyer 500 described chairs at $40 each F.O.B. Seller's place of business. The seller placed the chairs on board a carrier on January 30. On February 2, the chairs while in transit were destroyed in a derailment of the carrier's railroad car.

In an action by Buyer against Seller for breach of contract, Buyer probably will:

a) succeed because the carrier will be deemed to be Seller's agent

b) succeed, because the risk of loss was on Seller

c) not succeed, because of the impossibility of performance

d) not succeed, because the risk of loss was on Buyer

Pick the best answer and explain your reasoning for each answer choice.