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. 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.
question:
to preserve evidence exists between a third party and another in the absence of a special relationship, such as one created by contract or statute. Id. Under that analysis, this court will need to consider the primary purpose of the third-party here, Giant Eagle. (2) “Duty” of a third-party employer to its employee Pennsylvania courts have not directly considered whether the existence of an employer/employee relationship creates a duty on the part of a third-party employer to preserve evidence of a work-related accident for a potential products liability suit by an employee. Courts in other jurisdictions have held that there is no such duty. See Wilson v. Beloit Corp., 725 F.Supp. 1056, 1058 (W.D.Ark.1989); Panich v. Iron Wood Prods. Corp., 179 Mich.App. 136, 445 N.W.2d 795, 797 (1989) (<HOLDING>); Koplin v. Rosel Well Perforators, Inc., 241 
 Holding statements: (A) holding that neither common law nor workers disability compensation act imposed affirmative duty on employer to preserve evidence which might be used in employees thirdparty liability action (B) holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme (C) holding that thirdparty tortfeasor has right to contribution from employer up to amount of employers workers compensation liability (D) holding that prohibition may not be used to raise affirmative defense of workers compensation immunity (E) holding that no independent commonlaw duty exists on the part of an employer to preserve evidence for an employees potential civil action against third parties
answer:
(A)


question:
of the offense charged but convict on the included offense. However, the mere chance that a jury may reject uncontroverted testimony and convict on the lesser charge does not require the trial court to instruct the jury on the lesser charge." People v. Ramires, 18 P.3d 822, 827 (Colo.App.2000) (internal citations omitted). 184 The offense of patronizing a prostituted child requires, as relevant here, "knowingly engaging in an act" where "a child perform[s] or offer[s] or agree[s] to perform ... any [sexual] act ... in exchange for money." § 18-7-406(1)(a), 18-7-401(6). Based on the language of the statute, actual performance of a sexual act is not necessary; a mere offer or agreement to perform is sufficient, provided money has been promised. See supra Part V.A; Madden, 111 P.3d at 460 (<HOLDING>). 185 Here, because the uncontrovert-ed 
 Holding statements: (A) holding that a mortgage transfer does not take effect until the mortgagee gives value in exchange for the mortgage (B) holding determination of property value in case to decide if assessed value was excessive is not a liquidated demand where only evidence of property value was the conclusory allegation of value in plaintiffs unsworn petition (C) holding that a party invoking a  547c1 defense must prove the specific measure of the new value given to the debtor in exchange for what was received (D) holding that patronizing a prostituted child requires some record evidence that the defendant attempted to give anything of value  in exchange for sex (E) holding that under 11 usc  547c4 a later payment in exchange for new value only deprives the defendant of the new value defense if the later payment is an otherwise unavoidable transfer
answer:
(D)


question:
types of proper and timely postdecision motions extend the time to appeal the order or judgment that is the subject of the motion. Minn. R. Civ. App. P. 104.01, subd. 2. Motions for amended findings and a new trial are included in the list of tolling motions. Id,, subd. 2(b), (d). Unless Minn. Stat. § 508.29 provides otherwise, appellants’ proper and timely motions for amended findings or a new trial extended the time to appeal the April 19, 2017 order granting respondent’s petition. No language in Minn. Stat. § 508.29 precludes the operation of Minn. R. Civ. App. P. 104.01, subd.' 2. On the contrary, Minn. Stat. § 508.29 specifies that the appeal shall be as in other civil cases. Cf. Hous. & Redevelopment Auth. v. Main St. Fridley Props., LLC, 755 N.W.2d 789, 791 (Minn. App. 2008) (<HOLDING>). Appellants’ proper and timely motions for 
 Holding statements: (A) holding that faa  16a3 did not preempt a state statute prohibiting appeal of an order to compel arbitration and reasoning that there is no reason to suppose that the timing of the exercise of the right of appeal from an order compelling arbitration is other than a procedural matter which does not alter the substantive rights of either party (B) holding that an order not denominated a judgment is not final for purposes of appeal (C) holding that minn r civ app p 10401 subd 2 does not apply to an appeal of an order approving the public use or public purpose necessity and authority for the taking under minn stat  117075 subd 1c 2006 because the statute specifies that the order becomes final unless the appeal is taken within the 60day appeal period and the statute does not indicate that the matter is to proceed as in other civil actions (D) holding that the point on appeal and the objection in the trial court must be the same in order for it to be preserved for appeal (E) holding that if an express appeal waiver does not preclude a challenge to the sentence as unlawful then the covenant not to appeal becomes meaningless
answer:

(C)