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: resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata

Answer: holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii


Question: on behalf of’ MBC. The record also discloses that the contract makes no reference to MBC and was signed by Mullís as “Contractor.” The record further discloses that payments were made to Mullís, not MBC, and that the payments were deposited into Mullis’s personal account, not into MBC’s account in a separate bank. This evidence supports the trial court’s findings and its ultimate conclusion that Mullís was individually liable for any damages suffered by the Brennans. If Mullís wanted to act as agent for MBC and bind the corporation to the contract, he should have signed the contract in his corporate capacity. This would have had the effect of insulating him from liability. See Winkler v. V.G. Reed & Sons, Inc., 619 N.E.2d 597, 599 (Ind.Ct.App.1993), aff'd, 638 N.E.2d 1228 (Ind.1994) (<HOLDING>). Mullís, without any citation to authority, 
 Holding statements: (A) holding that the general corporate laws are incorporated into the corporate charter (B) holding defendants personally liable for alleged conversion even when acting in corporate capacity (C) holding that the plaintiffs were entitled to discovery to determine whether the defendant intended to be bound in his personal andor corporate capacity where the agreement contained certain personal guarantees by the defendant but where the defendant signed the agreement only in a corporate capacity with no signature blocks provided for signing in a personally capacity (D) holding that a corporate officer signing a contract in his corporate capacity is generally not liable for damages under the contract (E) holding that a corporate officer acting in his or her official capacity could not tortiously interfere with a corporate contract because corporations act only through their officers and agents

Answer:
holding that the general corporate laws are incorporated into the corporate charter