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: supply coverage were not existed. Mgmt. Specialists, Inc. v. Northfield Ins. Co., 117 P.3d 32, 37 (Colo.App.2004). 3. Common Law Duty to Mitigate In addition to the contractual language, RK argues that it had a common law duty to mitigate because "[i]t is well-settled law in Colorado that an injured party may not recover damages for injuries which could reasonably have been avoided." (RK Mot. at 10 (citing Fair v. Red Lion Inn, 943 P.2d 431, 437 (Colo.1997)).) RK asserts that the corollary to this rule is that a plaintiff is entitled to compensation for expenditures made in attempting to mitigate damages. (Id. (citing Tull v. Gundersons, Inc., 709 P.2d 940, 946 (Colo.1985)).) In Colorado, the common law duty to mitigate damages arises from a breach. See Fair, 943 P.2d at 437 (<HOLDING>); Tull, 709 P.2d at 946 (holding that plaintiff
Holding statements: (A) holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action (B) holding that employee had duty to mitigate damages following breach of employment contract by accepting offer of reinstatement (C) recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract (D) holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages (E) holding that no reporters record was required in suit to recover damages for breach of employment contract because the claim for damages was liquidated and proved by the employment contract attached to the petition
A:
holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action