Erin witnessed a motor vehicle accident but did not stop because she did not want to get involved. Had she stopped, she could have saved the life of Joseph, who was thrown from the car. When Joseph$$s widow hears that Erin could have easily saved Joseph$$s life but chose to ignore the situation, she sues Erin. The state has no "Good Samaritan" laws or duty$-$to$-$assist laws, but such cases have been brought in the past. Which of the following will the court apply when making a decision in this case?