Detailed Instructions: 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.
Q: Gregory v. Novak, 121 Or.App. 651, 655, 855 P.2d 1142 (1993). When fraud is based on silence or nondisclosure, a party must "demonstrate that the defendant either (1) remained silent when they had a duty to speak, or (2) assumed the obligation to make a full and fair disclosure of the whole truth by making a representation in the nature of a 'half-truth.' " Smith v. U.S. Bank, N.A, 2011 WL 7628515 at *6 (D.Or. Oct. 26, 2011) (footnote added), report and recommendation adopted 2012 WL 1029364 (D.Or. Mar. 26, 2012); see also McFadden v. Dryvit Sys., Inc., 2004 WL 2278542 (D.Or. Oct. 8, 2004) (reasoning that "silence or concealment of facts can be the basis for a fraud action, especially when there are half-truths or misleading statements"); Gregory, 121 Or.App. at 655, 855 P.2d 1142 (<HOLDING>). To establish reliance in a fraud cause,
Holding statements: (A) holding that one who makes a representation that is misleading because it is in the nature of a halftruth assumes the obligation to make a full and fair disclosure of the whole truth (B) holding that damages and injunctive relief may be awarded in fair representation cases when necessary to make employees whole (C) holding intentional conduct without rational basis is arbitrary breach of duty of fair representation (D) holding that it is not (E) holding an employee is an agent of his employer where the employer assumes the right to control time manner and method of work
A:
holding that damages and injunctive relief may be awarded in fair representation cases when necessary to make employees whole