- The final part of the three part test asks whether it is fair, just, and reasonable to impose a duty of care on the defendant
- If the defendant is a member of the police, a judge, or the Ministry of Defence in a time of war, then it is not fair just and reasonable to impose a duty of care
- The case that illustrates this test with respect to the police is the case of Hill v Chief Constable of West Yorkshire, where it wasn't fair just and reasonable to impose a duty of care on the police officer for not catching the Yorkshire Ripper in time to save the claimant's daughter
- The case that illustrates the test with respect to the ministry of defence is Mulcahy v Ministry of Defence
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