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.

Input: Consider Input: 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

Output: (C)

Input: Consider Input: the words of Mr. Chief Justice Marshall, 'is of the very essence of judicial duty."\u2019) (internal citation omitted); Columbia Falls Elem. Sch. Dist. No. 6 v. State, 326 Mont. 304, 109 P.3d 257, 260-61 (2005) (rejecting Baker v. Carr-based political question argument and concluding that, "[a]s the final guardian and protector of the right to education, it is incumbent upon the court to assure that the system enacted by the Legislature enforces, protects and fulfills the right [to education]"); Claremont Sch. Dist. v. Governor, 138 N.H. 183, 635 A.2d 1375, 1381 (1993) (concluding that constitutional right to adequate education is justiciable and that "any citizen" has standing to "enforce the State's duty" to fulfill this right); Abbott v. Burke, 149 N.J. 145, 693 A.2d 417, 428-29 (1997) (<HOLDING>); Campaign for Fiscal Equity, Inc. v. State, 86
Holding statements: (A) holding in the absence of exceptional circumstances deference should be given to trial court (B) holding that a school board policy prohibiting employees from sending their children to private schools interfered with employees constitutional right to control the education of their children (C) holding that while legislative findings are due deference that cannot foreclose a courts constitutional analysis (D) holding that a trial courts statutory interpretation is given no deference on review (E) holding that while deference should be given to legislative content and performance standards it is still the courts duty to ensure that these standards together with funding measures comport with the constitutional guarantee of a thorough and efficient education for all new jersey school children

Output: (E)

Input: Consider Input: literal reading of 523(a)(2)(A) is inconsistent with our ease law. See In re Levy, 951 F.2d 196, 198 (9th Cir.1991) (section 523(a)(2)(A) "limits nondis-ehargeability to the amount of benefit to the debtor or loss to the creditor the act of fraud itself created"). An action for nondischarge-ability under 523(a)(2)(A) requires only: (1) a representation; (2) falsity; (3) scienter; (4) reliance; and "(5) that the creditor sustained the alleged loss and damage as the proximate result of the representations having been made." In re Britton, 950 F.2d at 604. Malpractice is a foreseeable result of any medical procedure, id. at 604-05, and the fifth element can be proved if the debtor fraudulently induced the creditor to undergo a procedure that was then negligently performed. Id. at 605 (<HOLDING>). Lee-Benner alleged damage from negligent
Holding statements: (A) holding finding of reliability not clearly erroneous despite lack of prior description (B) holding that the district courts finding of no discrimination under title vii was not clearly erroneous because the finding was supported by the record (C) holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record (D) holding bankruptcy courts finding of proximate causation not to be clearly erroneous (E) holding clearly erroneous bankruptcy courts conclusion that mobile home was property of the estate
Output: (D)