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.

Example Input: no indication that Mexican law should govern the claims at issue. Thus, under Texas's most significant relationship test, American law is likely to govern the merits issues, and this factor weighs against dismissal on the basis of forum non conveniens. 4. Application of Foreign Law Although American law is likely to govern the merits, it appears that Mexican law will be relevant to collateral issues such as the nature of the property that is the subject of the contract. An American forum would nevertheless be capable of handling the difficulties posed by Mexican fideicomiso law should the court need to do so. Indeed, American forums have competently adjudicated matters involving Mexican fideicomiso property interests on other occasions. See Gale v. Camrite, 559 F.3d 359 (5th Cir.2009) (<HOLDING>); Brady v. Brown, 51 F.3d 810 (9th Cir.1995)
Holding statements: (A) holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages (B) holding that a seller did not breach its contract by averring that there would be no tax liability incurred by the sale of a baja california sur condominium owned pursuant to fideicomiso law (C) holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation (D) 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 (E) holding immaterial breach did not constitute breach of contract
Example Output: (B)

Example Input: the sentencing information balancing test urged by the dissent. The ongoing confusion concerning the breach of Wisconsin plea agreements is further highlighted by this district's issuance of an unusual, three-legged opinion. 24. While I have some sympathy with the dissent's concern about the continued integrity of the plea bargaining process, I disagree that the facts in this case can result in an unwarranted sentencing "clam up" restriction. The prosecutor not only has a right but a duty to provide information to the sentencing court. Moreover, there is nothing wrong with the prosecutor providing his or her opinion of the defendant's character, even if negative, to the sentencing court so long as the opinion is used to support the recommendation. See Ferguson, 166 Wis. 2d at 324-25 (<HOLDING>). But it makes no sense to allow the prosecutor
Holding statements: (A) holding that erroneous use of statutorily unqualified person to prepare posttrial recommendation requires new recommendation and action (B) recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures (C) recognizing prosecutors task to attempt to convince the court of the appropriateness of the recommendation (D) holding that the court will review the report and recommendation for clear error (E) holding that if counsel raises an issue the failure to convince the court to rule in an appellants favor is not ineffective performance
Example Output: (C)

Example Input: business.") (citations and internal quotation marks omitted). The statements alleged by Rivera to be defamatory include statements made by the individual defendants regarding Rivera's alleged falsification of time cards and his alleged threats against Amtrak employees. As a result of these statements, the police came to Rivera's home, and Rivera was arrested and faced criminal charges that were ultimately dismissed. These statements were allegedly made by the individual defendants while on the job and concerned matters of interest to Amtrak and its employees. The statements are therefore appropriately characterized as being made within the scope of the individual defendants' employment for purposes of respondeat superior. See McLachlan v. Bell, 261 F.3d 908, 912 (9th Cir.2001) (<HOLDING>). Consequently, the district court erred by
Holding statements: (A) holding that employees defamatory statements made at work about matters relating to work were within the scope of their employment for purposes of respondeat superior and recognizing that californias respondeat superior doctrine imposes a broad rule of liability on employers (B) holding that the liability reform act preempted in part the common law doctrine of respondeat superior (C) recognizing respondeat superior liability (D) holding that employees violation of his employers policy against drinking on the job does not preclude liability under respondeat superior (E) holding that a plaintiffs direct negligence claims against an employer are not precluded by the employers admission of respondeat superior liability
Example Output:
(A)