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: allege no physical harm resulting from Wells Fargo’s voluntary undertaking of services. See Torrington Co. v. Stutzman, 46 S.W.3d 829, 838 (Tex.2000) (“One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other’s reliance upon the undertaking.” (quoting Restatement (Second) of Torts § 323 (1965))) (emphasis added); see also Vodicka v. Lahr, No. 03-10-00126-CV, 2012 WL 2075713, at *6 (Tex.Ct.App. Jun. 6, 2012) (<HOLDING>). CONCLUSION For the foregoing reasons, we 
 Holding statements: (A) holding that plaintiffs failed to state a claim for negligent undertaking because that tort requires proof of physical harm resulting from failure to exercise reasonable care in rendering services to another and plaintiffs had alleged only economic harm (B) holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself (C) holding that plaintiffs who alleged a subjective chill of their first amendment rights failed to establish specific present objective harm or a threat of specific future harm (D) holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn (E) holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort

Answer: holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself


Question: 398, 407 (1988) (concluding that the act of inserting an adult’s tongue into a child’s mouth constituted an “immoral, improper, or indecent” act within the meaning of N.C.G.S. § 14-202.1(a)(1) and a “lewd or lascivious” act within the meaning of N.C.G.S. § 14-202.1(a)(2)); State v. Hammett, 182 N.C. App. 316, 323, 642 S.E.2d 454, 459 (concluding that masturbating in a child’s presence constituted an offense punishable pursuant to N.C.G.S. 14-202.1(a)(2)), appeal dismissed and disc. rev. denied, 361 N.C. 572, 651 S.E.2d 227 (2007); State v. Turman, 52 N.C. App. 376, 377, 278 S.E.2d 574, 575 (1981) (concluding that masturbating in a child’s presence constituted an offense pursuant to N.C.G.S. § 14-202.1(a)(l)); cf. State v. Jones, 172 N.C. App. 308, 314-16, 616 S.E.2d 15, 19-20 (2005) (<HOLDING>). In light of these decisions, at least four 
 Holding statements: (A) holding that single substantial act can support exercise of personal jurisdiction (B) holding that multiple convictions under  924c cannot be based on offenses forming a single unit of prosecution (C) holding that a single act cannot support two convictions under both ncgs  142021al and ncgs  142021a 2 respectively (D) recognizing that dui manslaughter and vehicular homicide are two separate crimes neither being a lesser included offense of the other but holding that a single death cannot support convictions for both crimes (E) holding that separate sentences may be imposed for a violation of section 36bd and the predicate offense where both convictions were the result of the same act so long as the charges are brought in a single trial

Answer: holding that single substantial act can support exercise of personal jurisdiction


Question: F.Supp. 842 (E.D.Pa.1974): To be sure, there are reasons for requiring the defendant to carry the burden of coming forward and alleging a substantial change. In many cases, the alleged substantial change is perceived only by the defendant who should, therefore, . 219, 491 N.E.2d 33, 36 (1986) (stating that “there is no duty upon plaintiffs in making a prima facie product liability case to eliminate all possible causes of the incident other than the one they alleged” (citation omitted)); Kuhnke v. Textron, Inc., 140 Ariz. 587, 684 P.2d 159, 162 (1984) (ruling that “once a defendant comes forward with some evidence of substantial change, the burden is on the plaintiff to show no substantial change” (citing Southmre)); Hiller v. Kawasaki Motors Corp. U.S.A, 671 P.2d 369, 372 (Alaska 1983) (<HOLDING>); cf. Dutsch v. Sea Ray Boats, Inc., 845 P.2d 
 Holding statements: (A) holding there is no authority that provides that the mere sale of a consumer electronics product in california can create a duty to disclose any defect that may occur during the useful life of the product (B) holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury (C) holding that to prevail on strict liability claim for a defective product plaintiff must show the product was defective when it left the defendants possession and control (D) holding that the plaintiff must first establish that the product left the sellers hands in a defective condition after which the seller may introduce evidence that its product was substantially altered after leaving its possession which evidence may rebut or overcome the plaintiffs showing that his injuries were a result of the products defect (E) holding that a cause of action does not arise in negligence when a product malfunctions or is defective and the malfunction or defect results in damage only to the product itself and produces only economic loss

Answer:
holding there is no authority that provides that the mere sale of a consumer electronics product in california can create a duty to disclose any defect that may occur during the useful life of the product