“Of course,... you need to find the defendant guilty of negligence as the proximate cause of your injuries, but that is to say even once negligence is established, since the scope of the defendant’s liability can be no greater than the duty of care he owes to the plaintiff, he has not breached his duty if he has no duty and therefore he has no liability, and so in this case I suppose you would take the position that you owe a duty of care to yourself?”
