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.
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Question: farmer-brewer, importer or wholesaler. If the legislature intended the obligation to run with the product, it would have said it.” Heublein, 434 Mass. at 698 (approving Commission declaration to this effect) (citations and quotations omitted). It is thus the general rule that “a supplier is not obligated under Section 25E to continue to make sales to those wholesalers with whom an unaffiliated predecessor did business.” Brown-Forman, 65 Mass.App.Ct. at 499. This principle has been applied consistently in the few reported decisions by Massachusetts courts, confirming that purchasers of liquor businesses are not ordinarily saddled with the Section 25E restrictions of either their sellers or those through whom their sellers distributed product. See, e.g., Heublein, 434 Mass. at 701-02 (<HOLDING>); Pastene Wine & Spirits, 401 Mass. at 619 
 Holding statements: (A) holding that supplier who acquired all assets and operations related to manufacture and sale of prod uct in armslength transaction did not succeed to predecessor suppliers section 25e obligations a former suppliers obligations under section 25e to continue to sell its product to its wholesalers is not imputed to a successor supplier who obtains ownership of the product through an arms length asset acquisition (B) holding a successor corporation does not have a postsale duty to warn of product defects where the successor never succeeded to any service contracts was not aware of the products defects and did not know the location of the product at the time of plaintiffs injury (C) holding that a successor corporation had a duty to arbitrate the extent of its obligations under its predecessors cba because there was substantial continuity in the business enterprise (D) holding that section 388 of the restatement does not require the supplier to give information concerning available means for amelioration of obvious dangers even though the supplier is aware of those means and the party to whom the chattel is supplied is not (E) holding that where electricity supplier had its employees on construction site from time to time in connection with supplying temporary electricity any knowledge suppliers employees had of building construction was incidental to supplying electricity thus construction worker who was injured when he contacted live highvoltage electrical transmission lines wholly failed to establish any reason why electricity supplier should have foreseen injury and no duty arises to act to prevent such unanticipated injury

Answer: holding a successor corporation does not have a postsale duty to warn of product defects where the successor never succeeded to any service contracts was not aware of the products defects and did not know the location of the product at the time of plaintiffs injury


Question: 620, 622 (La.App.1967) (same). Takings of temporary easements are measured differently. A landowner must be compensated for the loss of use of property taken by a temporary easement and any impairment of access to the property during the period of construction. Miczek v. Commonwealth, 32 Mass.App. Ct. 105, 108, 586 N.E.2d 1004, 1005 (1992) (involving temporary slope easement). Some courts have held that the damages are equal to the rental value of the property for the period of occupation. 4 Nichols at § 12E.01. This is commonly measured by the rental value of the property as a whole. See Paddock v. Town of Durham, 110 N.H. 106, 108, 261 A.2d 438, 441 (1970); 4A Nichols at § 14.2462. Cf. Kimball Laundry Co. v. United States, 338 U.S. 1, 8, 69 S.Ct. 1434, 1439, 93 L.Ed. 1765 (1949) (<HOLDING>). E. Miscellaneous Damages are to be measured 
 Holding statements: (A) holding that the proper measure of compensation in a temporary taking is the rental value that probably could have been obtained (B) holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market (C) holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure (D) holding that the proper measure of damages to repair defects for a building contract that has not been substantially performed is the contractually agreed upon measure of damages (E) holding that the proper measure of damages was the present value of all unaccrued payments that the plaintiff would have received if the contract had been performed

Answer: holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market


Question: Public Sector Accidental Disability Pensions in New Jersey: The Law of Dramatic Events, 31 Rutgers L.J. 491 (2000). This legislative trend in favor of rendering more difficult the conferring of accidental disability pension benefits militates against the liberal approach forcefully championed by Smith in this matter. If adopted, Smith’s interpretation would expand the class of persons eligible for the significantly greater monetary benefits permitted when an allowance pursuant to N.J.S.A. 43:15A-43 is made, and would have a tendency to place a greater strain on the financial integrity of the fund in question and its future availability for those persons who are truly eligible for such benefits. See Mount v. Trustees of P.E.R.S., 133 N.J.Super. 72, 86, 335 A.2d 559 (App.Div.1975) (<HOLDING>). In rejecting Smith’s argument, we conclude 
 Holding statements: (A) holding that the settlor could divest the beneficiaries of their vested interests only by completely revoking the trust because she had limited her ability to eliminate the beneficiaries interests by including language in the trust stating that the interests of the beneficiaries  shall continue until this trust is revoked or terminated internal quotation marks omitted (B) recognizing that the members of the board of trustees are fiduciaries and therefore have a duty to protect the fund and the interests of all beneficiaries thereof which duty must be exercised with due care diligence and skill in administering the trust (C) holding that the law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence  that a complete binding contract between the parties is not a prerequisite to a duty to use due care in ones actions     and that architects may be held liable for a breach of the duty of care and breach of contract that results in foreseeable injury economic or otherwise (D) holding that trust beneficiaries have no authority to maintain an action as third party beneficiaries of contracts between the trustee and agents of the trustee concerning the internal affairs of the trust (E) holding that trustees fiduciary duty exists independent of any clause in trust agreement

Answer:
holding that the settlor could divest the beneficiaries of their vested interests only by completely revoking the trust because she had limited her ability to eliminate the beneficiaries interests by including language in the trust stating that the interests of the beneficiaries  shall continue until this trust is revoked or terminated internal quotation marks omitted