The first was primary assumption of risk, where the defendant owes no duty of care to protect the plaintiff from the risk that caused the injury.

In the second example, the defendant denies that he ever borrowed a hundred coins but received them in another way and thus does not owe them.

The court relied on foreseeability in order to establish whether or not a negligent defendant owed a duty of care to a bystander.

Once it is established that the defendant owed a duty to the plaintiff/claimant, the matter of whether or not that duty was breached must be settled.

Ann's mother was plainly one of a class within the area of foreseeable risk and one to whom the defendants therefore owed a duty.

The defendants could owe even more-up to $87 million-depending on how many Q-Ray customers seek refunds.

The defendants together owe more than $5 million, and the 69 already arrested account for $3.4 million of the total, the government said.

"In sum, analysis of this state's longstanding precedents demonstrates that defendants - given the evidence presented here - did not owe plaintiffs the duty they claim."

The defendants owed the deceased a duty of care which they had breached by failing to examine him.

It was held that the defendants owed a duty of care as designers and builders of the flat and were liable under that head.