As a new promotion, a retail seller of comic books distributes a quarter pound of fudge with purchases of certain high-value comic books.Dominic bought a copy of the first-ever Superman comic.Unfortunately, Dominic came down with food poisoning after eating the fudge he received in connection with the sale.Is Dominic likely to be successful if he brings a claim for breach of warranty of merchantability with respect to the fudge? Why?

a.

Yes, because the seller is a merchant.

b.

Yes, because the seller is familiar with the practices involved in the transaction.

c.

No, because the seller is not a merchant with respect to food.

d.

No, because the seller is not a merchant.