instruction:
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.
question:
reimbursement decisions to be made on an ad hoc basis. Id. at 549. Of note here, we explained that “even if the Commission had promulgated fee guidelines, the provider would not have a statutory right or privilege to be paid the amount set out in the guideline.” Id. According to East Side, Vista is, likewise, neither entitled to a fee guideline nor entitled to any set amount of reimbursement. See id. Given that no specific reimbursement amount is required, even where the Division has established fee guidelines, and that the Division can reason ng statute and rule as whole to find broad definition of “prohibited activities” and absence of definition for “market power” as providing constitutionally permissible notice of type of prohibited conduct contemplated); Tinning, 875 S.W.2d at 409 (<HOLDING>). The language in these cases, similar to 
 Holding statements: (A) holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance (B) holding term share legal fees although not expressly defined provides adequate notices of type of conduct it would include (C) holding that when a term is defined in the statute it need not be further alleged in the indictment (D) holding that although term was not limited by the specification it was expressly defined in a narrow manner in the prosecution history (E) holding that the statute was ambiguous because it provides no definition of the term violation and provides no specific direction as to the proper unit of prosecution
answer:
holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance


question:
pain and suffering, demonstrated his reliance on a prohibited tort theory); Strock v. Pressnell, 38 Ohio St.3d 207, 527 N.E.2d 1235, 1242-43 (1988) (declining to consider an intentional infliction of emotional distress action, in which the plaintiff sought damages for “anguish, shock, nervousness, and depression,” because the abolition of claims for alienation of affections was intended to preclude these allegations); see also Wilson v. Still, 819 P.2d 714, 716 (Okla.1991) (finding a suit for intentional infliction of emotional distress was barred because the plaintiff basically sued the defendant for “wil-fully taking away her husband” and stating the legislature immunized that conduct from tort liability). But see Erickson v. Christenson, 99 Or.App. 104, 781 P.2d 383, 385-86 (1989) (<HOLDING>), appeal dismissed, 311 Or. 266, 817 P.2d 758 
 Holding statements: (A) holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute (B) holding a plaintiff could proceed on a claim alleging intentional infliction of emotional distress because the alleged losses were different from those for seduction but also stating plaintiffs previously suing for seduction could recover for damage to character and reputation as well as for mental anguish and pecuniary losses (C) recognizing validity of cause of action for intentional infliction of emotional distress (D) holding that police officers were immune from liability for damages resulting from alleged intentional infliction of emotional distress (E) recognizing the tort of intentional infliction of emotional distress
answer:
holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute


question:
reported in a New Jersey opinion those cases must be regarded as authority). The courts of all other jurisdictions agree that a partner execute ing a guaranty in the name of the partnership is engaging in a transaction that is uncommon to the business of the partnership and will be binding on the partnership only if that partner has the express authority of the entire partnership to act. See, e.g., In re 9221 Associates v. Industrial State Bank, No.CIV.A.91-0196-CV-W-1, 1991 WL 405172, at *3 (W.D.Mo. Oct. 7, 1991) (“holding that [wjhere the limited partners have not ratified the transaction, a partnership is not bound by a promissory note or mortgage executed by a general partner acting beyond the scope of his authority.”); Luddington v. Bodenvest Ltd., 855 P.2d 204, 207 (Utah 1993) (<HOLDING>); Jamestown Banking Co. v. Conneaut Lake Dock & 
 Holding statements: (A) holding a mechanic working in a garage owned by a partnership is an employee of the partnership not the individual partner (B) holding one partner can not sic maintain an action at law against another partner to recover an amount claimed by him by reason of partnership transactions until there has been a final settlement of the affairs of the partnership (C) holding that a partner who is without actual authority has no power to bind the partnership in a transaction that is not within the ordinary and apparent scope of the partnership business any person dealing with a partner can only rely on the partners acts if they are within the ordinary and apparent scope of the partnership business (D) holding that a partnership agreement that contained prohibitions against the sale or assignment of a partners interest in the partnership without the others consent would be enforced (E) holding that absent an agreement to the contrary any partner can act as an agent of the partnership when apparently carrying on in the usual way the business of the partnership 
answer:

holding a mechanic working in a garage owned by a partnership is an employee of the partnership not the individual partner