TASK DEFINITION: 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: allege no physical harm resulting from Wells Fargo's voluntary undertaking of services. See Torrington Co. v. Stutzman, 46 S.W.3d 829, 838 (Tex.2000) ("One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other's reliance upon the undertaking." (quoting Restatement (Second) of Torts 323 (1965))) (emphasis added); see also Vodicka v. Lahr, No. 03-10-00126-CV, 2012 WL 2075713, at *6 (Tex.Ct.App. Jun. 6, 2012) (<HOLDING>). CONCLUSION For the foregoing reasons, we
Holding statements: (A) holding that plaintiffs failed to state a claim for negligent undertaking because that tort requires proof of physical harm resulting from failure to exercise reasonable care in rendering services to another and plaintiffs had alleged only economic harm (B) holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself (C) holding that plaintiffs who alleged a subjective chill of their first amendment rights failed to establish specific present objective harm or a threat of specific future harm (D) holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn (E) holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort

SOLUTION: holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself

PROBLEM: rule is limited to questions that seek evidence about the informant's police sanctioned conduct in apprehending a suspect, then the informant's claim of privilege under such circumstances would be spurious. In this context he is immune from prosecution. We believe that this is the correct limitation because Norman is premised on a line of cases holding that state agents are not accomplices to illegal conduct of which they are charged to discover. Norman quotes Ex parte Turner, 545 S.W.2d 470 (Tex.Cr.App.1977) for the proposition that the law is well settled that if an informant is acting as a state agent, then the informant's claim of privilege under the Fifth Amendment is spurious. Id. at 344. In turn, Turner, supra, is premised upon Woodward v. State, 490 S.W.2d 850 (Tex.Cr.App.1973) (<HOLDING>). See also, Vela v. State, 373 S.W.2d 505
Holding statements: (A) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (B) holding that an undercover agent is not an accomplice as long as the agent does not bring about the crime but merely obtains evidence to be used against those engaged in crime (C) holding that expert testimony of irs agent regarding tax liability did not usurp the function of the jury as agent did not give her opinion about the guilt of the defendant (D) holding that a private citizen acting as undercover agent is not an accomplice witness so long as he does not bring about the crime (E) holding that the employer was not the insurers agent

SOLUTION: holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred

PROBLEM: THOMAS, MOORE, and DONALDSON, JJ., concur. 1 . The will contained two codicils, and for the purposes of this opinion, the will and the codicils are referred to collectively as "the will." 2 . As is explained in later analysis in this opinion, and in notes 3 and 5, infra, we have used the term "personal representative" for ease of reference, but JaNell and David, and, ultimately, Mary Elizabeth, technically sought to be the administrators with the will annexed. 3 .Mary Elizabeth is seeking to be appointed an administrator with the will annexed. An administrator is subject to the residency requirements of 43-2-22, Ala.Code 1975, but an executor named in a will is not subject to those residency restrictions. See 43-2-191, Ala.Code 1975, and Ex parte Adams, 168 So.3d 40, 44 (Ala.2014) (<HOLDING>). 4 . Mary Elizabeth did not testify regarding
Holding statements: (A) holding that oneyear limitations period set forth in 2255 is not a jurisdictional bar and is thus subject to equitable tolling (B) holding that the specific date restriction set forth in 541a5 controls and that 1306a1 does not eliminate that restriction (C) holding that an executor named in a will is not subject to the nonresident restriction set forth in 43222 (D) holding that it is generally sufficient that an indictment set forth the offense in the words of the statute itself (E) holding that plea in bar may be based only on grounds set forth in statute

SOLUTION:
holding that oneyear limitations period set forth in 2255 is not a jurisdictional bar and is thus subject to equitable tolling