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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: intended to purchase the entire 9.69 acre parcel described in the purchase and sale agreement. These findings have support in the record. Based on the evidence, the trial court could reasonably have been persuaded that it was highly probable that the parties operated under a mutual mistake as to the description in the deed. [¶ 18] Roger also argues that the doctrine of merger by deed prohibits reformation. “The doctrine of merger by deed provides that once a ... deed is accepted it becomes the final statement of the agreement between the parties and nullifies all provisions of the purchase-and-sale agreement.” Bryan, 665 A.2d at 1022 (quotation marks omitted). Merger by deed, however, does not prohibit reformation upon proof of a mutual mistake of fact at the time of closing. Cf. id. (<HOLDING>). C. Joint Accounts [¶ 19] Roger contends that 
 Holding statements: (A) holding that because the purchase price typically is not included in the deed this term of the contract of sale is not merged with the deed (B) holding in part that party seeking reformation of deed must show the original intent or agreement of parties by clear and convincing evidence (C) holding merger by deed prohibits reformation when one of the parties learns of a mistake before closing and still signs the deed (D) holding that a beneficiary under a deed of trust was entitled to reformation of the grantors deed (E) recognizing that the right to seek reformation of a deed is limited to the original parties to the deed and their successors in title

A: (C)
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Q: language, by its express terms, releases only the Club and the Designer. It does not release the Manufacturer either by name or subject matter. 3. Pre-versus-Post-injury Releases In a different line of argument, appellees argue a release mentioning general subject matter is enough to release any and all claims even marginally related to that subject matter. Appellees contend that because the clause releases liability “from injuries or damages arriving [sic] out of or connected with [Sydlik’s] attendance” it necessarily includes any and all claims resulting from an injury connected with Sydlik’s attendance at the gym — in essence all of Sydlik’s claims in this case. As support, appellees cite Memorial Medical Center of East Texas v. Keszler, 943 S.W.2d 433, 435 (Tex.1997) (per curiam) (<HOLDING>). Appellees fail to address two problems with 
 Holding statements: (A) holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release (B) holding that a general release of all claims did not operate by its terms to bar prospective antitrust claims nor could it in view of public policy (C) holding that a release covering all claims relating to keszlers relationship with the hospital was enough to release claims arising out of exposure to hazardous materi als (D) holding that a release between two parties cannot bind a thirdparty who was a stranger to the release (E) holding that a release of unknown claims has no effect in the absence of evidence apart from the words of the release

A: (C)
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Q: of Appeals found that the definition of “take” in the Migratory Bird Treaty Act was restricted to the sort of conduct engaged in by hunters and poachers. While acknowledging that some courts have held that the Migratory Bird Treaty Act reaches direct, though unintended, bird poison ing from toxic substances, the appellate court ruled that habitat destruction, leading indirectly to bird deaths, does not amount to a “taking” of a migratory bird within the meaning of the Migratory Bird Treaty Act. Id. at 303. Other courts have recognized that lawful commercial activity, such as logging, that is unrelated to hunting or poaching and not directed at birds does not constitute a crime under the federal Migratory Bird Treaty Act. See, Curry v. U.S. Forest Sew., 988 F.Supp. 541 (W-D.Pa.1997) (<HOLDING>); Mahler v. U.S. Forest Sew., 927 F.Supp. 1559 
 Holding statements: (A) holding that the delivery of the deed following a foreclosure sale was a ministerial act that was not prohibited by the automatic stay (B) holding that the forest service did not act arbitrarily and capriciously by failing to verify its model with ontheground data (C) holding in suit under the administrative procedure act challenging us forest service approval of forest development plan that injury to aesthetic conservational or recreational interests is sufficient to confer standing (D) holding that the act violates neither separation of powers nor principles of due process by allowing a victim veto that precludes application of the act as well as holding that the act is not void for vagueness and does not constitute a form of cruel or unusual punishment (E) holding that migratory bird treaty act was not the proper statutory basis upon which to contest a forest service timber sale and concluding that the loss of migratory birds as a result of logging operations did not constitute a taking or killing prohibited by the migratory bird treaty act

A:
(E)
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