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.

Example Input: N.E.2d 968, 973 (Ind.1999). However, when the landowner is a lessor and the lessee is in operational control of the premises, such duty rarely exists. “[A] landlord under many circumstances has no liability to tenants or others for injuries on the property when the tenant is in full control of the leased premises.” Dutchmen Mfg., Inc. v. Reynolds, 849 N.E.2d 516, 525 (Ind.2006). “[I]n the absence of statute, covenant, fraud or concealment, a landlord who gives a tenant full control and possession of the leased property will not be liable for personal injuries sustained by the tenant or other persons lawfully' upon the leased property.” Olds v. Noel, 857 N.E.2d 1041, 1044 (Ind.Ct.App.2006) (citation omitted), tram, not' sought; cf. Rossow v. Jones, 404 N.E.2d 12, 14 (Ind.Ct.App.1980) (<HOLDING>), trans. not sought. Yost v. Wabash College, 3 
 Holding statements: (A) holding over (B) holding that captain has reasonable expectation of privacy in all areas of his ship (C) holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building (D) holding that a landlord has a duty of reasonable care over common areas or other areas over which the landlord has retained control (E) holding that a landlord may have a duty to exercise reasonable care for the safety of its tenants in common areas
Example Output: holding over

Example Input: performance is a matter that lies within the sound discretion of the trial court. Jordan v. Boisvert, 632 So.2d 254, 256 (Fla. 1st DCA 1994). While forfeitures are not favored, a forfeiture will be enforced where it is clear that the parties intended such a result. Nelson v. Hansard, 143 Fla. 898, 197 So. 513, 514 (1940). However, due to this harsh result, a court of equity will “always mitigate forfeitures when it can be done without doing violence to the contract of the parties.” Rader v. Prather, 100 Fla. 591, 130 So. 15, 16-17 (1930) (citing McCaskill v. Union Naval Stores Co., 59 Fla. 571, 52 So. 961, 962 (1910)). A court of equity, though, will not grant relief from a situation traceable to a party’s own neglect, gross negligence, or willful and persistent vio 37, 538 (Fla.1953) (<HOLDING>). Here, the parties intended that a forfeiture 
 Holding statements: (A) holding that the equities involved did not lead to an unconscionable result where purchaser planned to use the land for a particular purpose and brought lumber to the site after he defaulted on the agreement (B) holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages (C) holding that a later concession to strike an unconscionable term does not change the fact that the arbitration agreement as written is unconscionable and contrary to public policy (D) holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute (E) holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land
Example Output: holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages

Example Input: communication need not itself contain a misrepresentation, Schmuck v. United States, 489 U.S. 705, 712-15, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989), it must be “incidental to an essential part of the scheme.” Pereira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 98 L.Ed. 435 (1954). The district court found, and we agree, that Kaye has not alleged a situation in which anyone was misled or fraudulently induced to engage in activity to their detriment. Although Kaye’s allegations, if true, may amount to questionable conduct on the part of Defendants, “[n]ot all conduct that strikes a court as sharp dealing or unethical conduct is a ‘scheme or artifice to defraud’ ” as those terms are used in the mail and wire fraud statutes. Reynolds v. East Dyer Dev., 882 F.2d 1249, 1252 (7th Cir.1989) (<HOLDING>). Kaye’s allegation of wire fraud is supported 
 Holding statements: (A) holding that a buyer could not rely on a sellers mere expression of opinion (B) holding that sellers failure to disclose known soil conditions was not a scheme to defraud where seller did not affirmatively lie to buyer (C) holding that failure to disclose that the defendant was involved on both the sellers and buyers side of transactions constitutes a concealment of a material fact sufficient to support a charge of fraud (D) holding that the prosecution must disclose to the defense all exculpatory evidence known to the state or in its possession (E) holding that the failure to disclose evidence known to the defense cannot form the basis of a brady violation
Example Output:
holding that a buyer could not rely on a sellers mere expression of opinion