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:OF THE REVENUES OR EXPENSES IN THE ATTACHED." 44 F.Supp.2d at 1260. The merger and integration clause in the Franchise Agreement stated that: "It is understood and agreed that neither McDonald's not anyone acting on behalf of McDonald's has made any representations, inducem tatements had superior knowledge. Predictions or statements that are only promissory in nature or only express what will happen in the future are not actionable as fraud, unless the representing party has exclusive knowledge and should have been aware that the other party would rely heavily on their assertions. See Miller v. Premier Corp., 608 F.2d 973, 981 (4th Cir.1979); see also Payne v. McDonald's Corp., 957 F.Supp. 749, 760-61 (D.Md.1997); see Burger King Corp. v. Austin, 805 F.Supp. 1007, 1024 (S.D.Fla.1992) (<HOLDING>). Some courts believe that "superior knowledge"
Holding statements: (A) holding that in texas future predictions and opinions especially those regarding the future profitability of a business cannot as a matter of law form a basis for fraud (B) holding that defendants failure to anticipate future events did not constitute securities fraud (C) holding that projections of future profits or business success may constitute fraud if declarant had exclusive or superior knowledge of the facts (D) holding that future predictions and opinions especially those regarding future profitability of business cannot form basis for fraud as matter of law (E) holding that mere statements of opinion or prediction such as future profits or how well a business will do in a particular market may not be a basis for a fraud or misrepresentation action because predictions are not past or present material facts
Solution:
holding that in texas future predictions and opinions especially those regarding the future profitability of a business cannot as a matter of law form a basis for fraud