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: contractor’s work is accepted and end day it is accepted and that, while one “who assumes control over a dangerous condition left by a contractor may be liable,” it “does not necessarily mean that he who creates the danger should escape liability”). Third, the defect in Preston— the design and construction of the pool— was “a patent one as a matter of law.” 227 Cal.Rptr. 817, 720 P.2d at 485. Moreover, other jurisdictions have faced more factually analogous circumstances and have rejected arguments similar to Occidental’s. These cases have imposed liability on former plant owners whose negligent design work resulted in an injury to a third-party after the sale of the plant to a new owner. See Stone v. United Eng’g, a Div. of Wean, Inc., 197 W.Va. 347, 475 S.E.2d 439, 443-44 (1996) (<HOLDING>); Dorman v. Swift & Co., 162 Ariz. 228, 782 
 Holding statements: (A) recognizing the general rule that a property owner is not liable for the negligence of an independent contractor (B) holding that the current property owner may not assert a public nuisance claim against the former owner (C) holding that section 150002 was satisfied with respect to hotel owners claims against former owners architect for negligent design of foundation and drainage (D) holding former plant owner liable for its negligent design of conveyor belt (E) holding that in the context of construction litigation regarding the alleged negligence of design professionals a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional

Answer: recognizing the general rule that a property owner is not liable for the negligence of an independent contractor


Question: Mickey v. Zeidler Tool & Die Co., 516 F.3d 516, 523-26 (6th Cir.2008). Here, the Plaintiff was terminated by the Defendants three weeks after the filing of the Complaint in this case. This close temporal proximity between the Plaintiffs protected activity and the adverse employment action is sufficient evidence such that a reasonable juror could conclude that the adverse employment action would not have occurred but for his engagement in pro tected activity. See Dixon v. Gonzales, 481 F.3d 324, 334 (6th Cir.2007) (“This Court typically [has] found the causal connection element [is] satisfied only where the adverse employment action occurred within a matter of months, or less, of the protected activity”); see also Herrera v. Churchill McGee, LLC, 545 Fed.Appx. 499, 501 (6th Cir.2013) (<HOLDING>); Shefferly v. Health Alliance Plan of Mich., 
 Holding statements: (A) holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection (B) holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity (C) holding that intervening misconduct can sever the temporal proximity connection between the protected conduct and the adverse employment (D) holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases (E) holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection

Answer: holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity


Question: The end result was that Carol and I felt forced into selling our inventory and licenses for $17,500.00. At that time we did not have anywhere to store or take our inventory to. We believed there was no other choice. At no time did either Carol or I agree to the termination of rights and obligations under the Business Lease dated October 1,1995. [¶ 15] As in Lamb, the facts relied on by the district court to determine the Pierces had fully performed their obligations and accepted the benefits under the unsigned written termination agreement and thereby voluntarily surrendered the lease are equally consistent with the Pierces mitigating their damages for the Elks’ alleged breach of the lease agreement. Compare Felco v. Doug’s N. Hill Bottle Shop, 1998 ND 111, ¶ 16, 579 N.W.2d 576 (<HOLDING>). The Pierces’ vacation of the premises, sale 
 Holding statements: (A) holding sufficient part performance of an oral trust agreement is required to remove it from the statute of frauds (B) holding that if part performance is relied upon to remove the oral agreement from the operation of the statute of frauds clear and convincing proof of performance in pursuance of the alleged agreement must be adduced by the party seeking to enforce it (C) holding a court must find among other things clear evidence of the existence of an oral agreement for part performance to remove the contract from the statute of frauds (D) holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only  with the existence of the alleged oral contract (E) holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract

Answer:
holding sufficient part performance of an oral trust agreement is required to remove it from the statute of frauds