The state of Montana legislature passed a law requiring that all visitors to factories wear safety glasses. Carl Cutcorner, a supervisor at Shirk Machines, told a visiting group of teachers and students from a local high school that there were not enough safety glasses for all of them, so several went without while on the facility. Penny, a teacher, suffered an eye injury when a metal shaving flew off a machine and hit her in her unprotected eye. If Penny files suit against Shirk Machines and Cutcorner and the court rules that Shirk and Cutcorner breached their duty. The negligence analysis without requiring Penny to delve into the reasonable person analysis or prove negligence, is an application of