TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (A)

PROBLEM: Legislative acts are those which involve policy-making decision of a general scope or, to put it another way, legislation involves line-drawing. Where the decision affects a small number or a single individual, the legislative power is not implicated, and the act takes on the nature of administration. In addition, the act must be “procedurally” legislative, that is, passed by means of established legislative procedures. This principle requires that constitutionally accepted procedures of enacting the legislation must be followed in order to assure that the act is a legitimate, reasoned decision representing the will of the people which the governing body has been chosen to serve. E.g., Immigration & Naturalization Service v. Chadha, 462 U.S. 919, 103 S.Ct. 2764, 77 L.Ed.2d 317 (1983) (<HOLDING>). Thus, the procedure the legislature follows 
 Holding statements: (A) holding on the merits that the existence of an unexercised legislative veto provision in a statute would render invalid actions taken under the statute unless the legislative veto provisions were severable from the portion of the statute pursuant to which the challenged actions were taken (B) holding that legislative consent to suit must be by clear and unambiguous language in either a statute or by other express legislative permission (C) holding onehouse legislative veto unconstitutional (D) holding that determining legislative intent is a question of law (E) holding acts of voting to be quintessentially legislative and the introduction of a budget to be formally legislative

SOLUTION: (C)

PROBLEM: when, for instance, there is a dispute between the parties as to whether an express agreement exists. Cascade Elec. Co. v. Rice, 70 Mich.App. 420, 426-27, 245 N.W.2d 774, 777 (1976) (finding that the plaintiff could bring both actions because the plaintiff performed work that was not contemplated under the express contract and the defendant disputed the existence of an express verbal contract). A party is not required to “elect to proceed under one theory or the other, but could seek recovery on the basis either of an express [ ] contract, or an implied contract if the [trier of fact] found that the express [ ] contract did not exist.” Id. at 427, 245 N.W.2d at 777; see also H.J. Tucker & Assocs., Inc. v. Allied Chucker & Eng’g Co., 234 Mich.App. 550, 573, 595 N.W.2d 176, 188 (1999) (<HOLDING>). The plaintiff also may bring a breach of 
 Holding statements: (A) holding that the trial court should have dismissed the employees breach of contract claim (B) holding that the plaintiff may proceed under a claim for breach of contract and unjust enrichment because the defendant admitted the existence of a contract solely for the purposes of summary judgment (C) holding that a claim for unjust enrichment should not be dismissed because the court may find that the express contract was no longer in force (D) holding that where an express contract was in place between plaintiff and defendant that governed the compensation sought by plaintiff plaintiff may not recover under a theory of unjust enrichment (E) holding that there is no cause of action in california for unjust enrichment

SOLUTION:
(C)