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.
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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: so restricted. Rather, ... the doctrine is an intensely practical one, grounded in the realities of litigation in our adversary system. One of those realities is that attorneys often must rely on the assistance of investigators and other agents in the compilation of materials in preparation for trial. It is therefore necessary that the doctrine protect materials prepared by agents for the attorney as well as those prepared by the attorney himself. Id. at 238-39, 95 S.Ct. 2170. Accordingly, federal courts have consistently ruled that the work product doctrine is not inapplicable merely because the material was prepared by or for a party's insurer or agents of the insurer. See Railroad Salvage of Conn. Inc. v. Japan Freight Consolidators (U.S.A.), Inc., 97 F.R.D. 37, 41 (E.D.N.Y.1983) (<HOLDING>), aff'd, 779 F.2d 38 (2d Cir.1985); Home Ins.
Holding statements: (A) holding that correspondence between defendant and its liability carriers was protected (B) holding that the prohibition of inmatetoinmate correspondence was not an unconstitutional infringement of prisoners first amendment rights (C) recognizing correspondence appeared to establish a settlement relationship between the parties given the letters presented an attempt to curb further litigation (D) recognizing first amendment and fourteenth amendment interests in inmate correspondence (E) holding that a sixmonth gap between the protected activity and the employees termination was insufficient to infer that the protected activity was a contributing factor

Answer: (A)

Question: fundraising service. Id. at 1110-11. The footage of the plaintiff constituted only six seconds of the entire eight minute video. Id. While the court noted the duration of the use was relatively short in relation to the rest of the publication, the court found that the use was "crucial" to the defendant's advertisement because without it, the video would not have been as attractive to the target audience and because the plaintiffs hole-in-one was not fungible to that of any ot ur-second facial appearance of unidentified and unnamed plaintiff in a street scene, shot from a moving vehicle in low light, during the opening credits of a movie was incidental use because it contributed nothing to the movie's storyline); Ladany v. William Morrow & Co., 465 F.Supp. 870, 881 (S.D.N.Y.1978) (<HOLDING>). In this case, under the circumstances in
Holding statements: (A) holding that the premise underlying the action was that plaintiff was deceived by the words and actions of an employer the subject of the deception was pension benefits but that was only incidental and not essential to the cause of action (B) holding that incidental use doctrine applied when plaintiff was one of 101 characters in a book discussing in detail the olympic massacre in munich and the book referred to plaintiff only when discussing one out of the many aspects of the tragedy (C) holding the doctrine applied in a case of mistake (D) holding that factor 10 should not be applied when the victim is the only one at risk (E) holding that the ada plaintiff was unable to perform essential functions of job when the plaintiffs psychotherapist had told the employer that the plaintiff was unable to work in any position when the plaintiff did not disagree with that point and when the plaintiff in response to a request for admission conceded that she was no longer able to work

Answer:
(B)