In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: by “ ‘(1) the peculiar dignity and protection to which the law cloaks the human person, as contrasted with articles of commerce; (2) the inequality of the bargaining positions and relative intelligence of the contracting parties; (3) the amount of consideration received; (4) the likelihood of inadequate knowledge concerning future consequences of present injury to the human body and brain; and (5) the haste, or lack thereof, with which release was obtained.’ ” Finch, 84 Wn.2d at 146 (quoting Finch v. Carlton, 10 Wn. App. 32, 39, 516 P.2d 212 (1973) (McInturff, J., dissenting)). 2 A few cases have imposed an affirmative duty to explain contracts when the defendants know the signer is illiterate or speaks another language. See Scott v. Bodnar, 52 N.J. Super. 439, 145 A.2d 643 (1958) (<HOLDING>); S. Pac. Co. v. Gastelum, 36 Ariz. 106, 283 P. 
 Holding statements: (A) holding failure to explain consequence of signature to illiterate plaintiff could be grounds for avoiding release (B) holding that failure to explain allegations and possible consequences mandated reversal (C) holding that failure to explain the effect of a term of supervised release was harmless error where term of imprisonment combined with maximum imprisonment for violation of supervised release was still less than statutory maximum (D) holding that 24 hours is sufficient time for a plaintiff to review release (E) holding that fundamental error occurred and reversal was required when trial court failed to explain allegations or to explain adequately future use of adjudication record

A: holding that failure to explain allegations and possible consequences mandated reversal
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Q: contractor’s work is accepted and end day it is accepted and that, while one “who assumes control over a dangerous condition left by a contractor may be liable,” it “does not necessarily mean that he who creates the danger should escape liability”). Third, the defect in Preston— the design and construction of the pool— was “a patent one as a matter of law.” 227 Cal.Rptr. 817, 720 P.2d at 485. Moreover, other jurisdictions have faced more factually analogous circumstances and have rejected arguments similar to Occidental’s. These cases have imposed liability on former plant owners whose negligent design work resulted in an injury to a third-party after the sale of the plant to a new owner. See Stone v. United Eng’g, a Div. of Wean, Inc., 197 W.Va. 347, 475 S.E.2d 439, 443-44 (1996) (<HOLDING>); Dorman v. Swift & Co., 162 Ariz. 228, 782 
 Holding statements: (A) recognizing the general rule that a property owner is not liable for the negligence of an independent contractor (B) holding that the current property owner may not assert a public nuisance claim against the former owner (C) holding that section 150002 was satisfied with respect to hotel owners claims against former owners architect for negligent design of foundation and drainage (D) holding former plant owner liable for its negligent design of conveyor belt (E) holding that in the context of construction litigation regarding the alleged negligence of design professionals a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional

A: recognizing the general rule that a property owner is not liable for the negligence of an independent contractor
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Q: that their complaints about working conditions were protected by the First Amendment: A “public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.” “[T]he relevant inquiry is not whether the public would be interested in the topic of the speech at issue but rather is “whether the purpose of the [the plaintiffs] speech was to raise issues of public concern.’ ”... The record in this case reveals that the speech of [plaintiffs], while ostensibly intermingled with issues of child safety and DeKalb DFCS mismanagement, was not intended to address matters of public concern from the perspective of a citizen. See White Plains Towing Corp. v. Patterson, 991 F.2d 1049, 1059 (2d Cir.1993) (<HOLDING>). 510 F.3d at 1344-45 (some internal citations 
 Holding statements: (A) recognizing that even as to an issue that could arguably be viewed as a matter of public concern if the employee has raised the issue solely in order to further his own employment interest his first amendment right to comment on that issue is entitled to little weight (B) holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it   (C) holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief (D) holding that where an issue is raised in the district court but raised late and the district court declines to deem the issue waived the issue may be raised on appeal (E) holding if an employee does not speak as a citizen on a matter of public concern the employee has no first amendment cause of action based on his or her employers reaction to the speech

A:
holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it  
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