Nora is a pilot who owns her own airplane and lives on the Cape. During the summer tourist season she ferries tourists out to the two large islands off the coast. These islands are well known for their maritime history and their quaint cobblestone streets with beautiful small 18th century ships, as well as the sea-facing cliff walls. Some tourists like to stay on the islands all day long while others just want to go out for the morning views, lunch, or a late evening dinner. If she makes enough flights, she can earn enough to make it through the quiet winter months when there's not much work, as well as the summer. Unfortunately for Nora's business, last season a pilot who was very tired at the end of a very busy day crashed his plane into one of those cliff walls, killing all aboard. So the legislature passed a law prohibiting pilots from logging more than 8 hours of total flying time in any single day. It's getting near the end of the season and Nora is convinced that she can safely fly for 9 hours a day for the last few weeks and that, if she does, she'll be able to make enough to get through the winter months. On the last flight one night, Nora drifts off to sleep at the controls and goes into a dive. She wakes up just in time to bring the nose of the plane up, but the bottom still hits the water hard enough to break the tail of the plane off, dragging one passenger to his death. The others survive. Nora had been flying 10 hours that day. The family of the deceased passenger files suit against Nora. Which of the following terms will most likely be relevant in this case?