In the case study #$1,$ ?the plaintiff $($the manufacturer$)$ ?sought damages for both breach of contract and for negligence $($a liability in tort$).$ ?For liability in tort due to negligence, which of the following conditions do not apply to this case:

the defendant$($s$)$ ?owed the plaintiff a duty of care,

the defendant$($s$)$ ?breached that duty by his or her conduct,

the defendant's conduct caused the injury to the plaintiff:

the plaintiff suffered damages;

none of the above: