instruction:
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.
question:
evidence to conclude that the government's conduct in this case amounted to a material breach, it denied Malone's appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts 241(e) (1981), "the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing" is a significant factor in determining whether that party's breach is material. The Restatement also states that "[sjubter-fuges and evasions violate the obligation of good faith," as does lack of diligence and interference with or failure to cooperate in the other party's performance. Id. 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons' Co. v. United States, 151
Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination
answer:
(C)

question:
Milwaukee, St. Paul & Pacific R. Co., 318 U.S. 523, 550, 63 S.Ct. 727, 87 L.Ed. 959 (1943); In re Minges, 602 F.2d 38, 39, 44 (2d Cir.1979); Matter of Tilco, Inc., 558 F.2d 1369, 1372 (10th Cir.1977). Indeed, the First Circuit Court of Appeals has referred to the decision to reject or assume an executory contract as within the "discretion" of the trustee. Gulf Petroleum, S.A. v. Collazo, 316 F.2d 257, 260 (1st Cir.1963). It is to be noted that Collazo dealt with the rejection of an agreement for the sale of real estate. Although Collazo was decided prior to the enactment of the Bankruptcy Code, Congress has given no indication that the "business judgment test" should not continue to apply under the present Code. In re A.J. Lane & Co., Inc., 107 B.R. 435, 440 (Bankr.D.Mass.1989) (<HOLDING>). Consequently, in confronting the question of
Holding statements: (A) holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable (B) holding that the business judgment test applies to the determination of whether a trustee should be allowed to reject an executory contract for the sale of real estate under 365 (C) holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made (D) holding prospectively that a vendees interest in a real estate contract constitutes real estate within the meaning of the judgment lien statute (E) holding the real estate sale proceeds
answer:
(B)

question:
Lamarre challenges a judgment entered by the court ('Warren, J.) denying him post-conviction relief from his conviction of two counts of aggravated trafficking of a schedule W drug within one thousand feet of a school (Class A), 17-A M.R.S. 1105-A(1)(E)(1) (2012), and two counts of violating a condition of release (Class E), 15 M.R.S. 1092(1)(A) (2012). Lamarre contends that the court erred in finding that Lamarre's trial attorney provided effective assistance of counsel. We affirm the judgment. I. BACKGROUND [ 2] The facts from Lamarre's underlying trial, viewed in the light most favorable to the State, may no longer be disputed. See State v. Lamarre, Mem-11-16 (Feb. 8, 2011); see also State v. Carey, 2013 ME 88, 3, 77 A.3d 471; State v. Larrivee, 481 A.2d 782, 783 (Me.1984) (<HOLDING>). [ 3] Gina Clark was an opiate addict with
Holding statements: (A) holding that a ruling from a prior decision of this court becomes the law of the case that cannot be challenged in a later proceeding quotation marks omitted (B) holding that a ruling of the trial court to which no error has been assigned becomes the law of the case and is not subject to review by the court of appeals (C) holding an unappealed ruling is the law of the case and cannot be later challenged (D) holding that where a ruling on a demurrer to complaint is not appealed from it becomes the law of the case (E) holding an appellate decision becomes the law of the case and is controlling on both the trial court and on any further appeals in the same case
answer:
(A)