Cindy Agrees in Writing to Pay Bob $5,000 to "Accidentally

Cindy agrees in writing to pay Bob $5,000 to "accidentally" hit and kill her horse,which has a large insurance policy,with his truck.Bob hits but does not kill the horse,and Cindy refuses to pay him.In their suit against each other for breach of contract,the court will consider​ 

A)  ​only Bob to be at fault. 
B)  ​only Cindy to be at fault. 
C)  ​both Bob and Cindy to be at fault, but Bob to be more at fault than Cindy. 
D)  ​Bob and Cindy to be equally at fault.