Detailed Instructions: 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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Problem:Bank v. Broaddus, 569 S.W.2d 489, 492 (Tex.1978). The Court previously rejected as a matter of law Defendants' effort to use their own deposition testimony to avoid responsibility for their promise. Amended Report & Recommendation, # 52 at 5-6, adopted by District Court, # 55. After Prospect counterclaimed for breach of the Release and Covenant Not to Sue, Defendants asserted that Prospect sneaked the Release in at the midnight hour so they would not notice it was included; they also stated that they deliberately chose not to read it before signing the Agreement. The Court ruled that this evidence of willful ignorance did not raise a fact issue so as to defeat Prospect's motion for summary judgment. Id. See also In re Intern. Profit Associates, Inc., 286 S.W.3d 921, 923-24 (Tex.2009) (<HOLDING>). Thus Defendants here are presumed to know the
Holding statements: (A) holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision (B) holding that a plaintiffs failure to invoke 1983 is fatal to the claim because the constitutional provision that was allegedly violated does not itself create a means for recovery for a violation of that provision (C) holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision (D) holding that the court was bound to consider a contract provision that was plainly relevant to the central issue of contract interpretation raised on appeal despite the parties failure to cite or discuss the provision (E) holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them
Solution:
holding that a plaintiffs failure to invoke 1983 is fatal to the claim because the constitutional provision that was allegedly violated does not itself create a means for recovery for a violation of that provision