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:
reliance is essential element of negligent misrepresentation claim). Since Purchasers are estopped from relying on a representation outside of the agreement, they cannot sustain any of the causes of action that require justifiable reliance. Therefore, the fraud, negligent misrepresentation, and FBPA claims fail, even construing the pleadings most favorably to Purchasers. Nevertheless, Purchasers argue that the determination of justifiable reliance is a jury question. While justifiable reliance may be a jury question in a fraud case where no contract exists or where the contract has become void, it is a question of law in a case where the contract language prevails and the contract's merger clause precludes reliance on oral representations. Compare City Dodge, 232 Ga. at 770 (<HOLDING>) with First Data POS, 273 Ga. at 796 (holding
Holding statements: (A) holding no justifiable reliance as a matter of law (B) holding that in fraud and nondisclosure claims a plaintiff must show actual and justifiable reliance (C) holding that where a merger clause is included in the written contract alleged collateral promises will not be enforced through fraud because under fraud the reliance must be reasonable (D) holding that the only fraud that could vitiate the contract is fraud that would invalidate the merger clause itself ie fraud relating to the merger clause or fraud that invalidates the entire contract including the merger clause quoting 3 corbin contracts 578 (E) holding that justifiable reliance is a jury question where the contract containing the merger clause was found invalid due to an antecedent fraud
answer:
(E)

question:
with the same deficiency the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions."). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint so long as it is minimally sufficient to put a defendant on notice of the claims against him will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) ("Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case."); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that "[pleading facts not
Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds
answer:
(D)

question:
a third party sells a minor against her will to the defendant, to be at odds with its plain meaning and the context of 18 U.S.C. 2251A. "Purchase" does not require the sale of a minor from a third party to the defendant. In the context of child prostitution, the minor herself is turned into an object or commodity, by selling her body to be used by the defendant for a certain purpose. A minor cannot separate her services from herself because she lacks the capacity to do so. Congress used the term "purchase" alone, rather than "purchase from the minor herself," "purchase a minor's services," or "purchase from another," to encompass situations where money is paid to a third party and where money is paid directly to the minor. See, e.g., Smith, 508 U.S. at 228-30, 113 S.Ct. at 2054-55 (<HOLDING>); United States v. Murrell, 368 F.3d 1283,
Holding statements: (A) holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense (B) holding that use of a firearm included the exchange of a gun for drugs and noting that simply because use as a weapon is the first example to come to mind when the phrase uses a firearm is uttered does not preclude us from recognizing that there are other uses that qualify as well (C) holding that code 182531 criminalizing use or display of a firearm in the commission of a felony included use of an instrument that gives the appearance of being a firearm (D) holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used (E) holding that an enhancement for an express threat of death may not be applied to the sentence for robbery when the threat is related to the use of the firearm and the defendant has a 924c sentence for the same firearm
answer:
(B)