3rd part- reasonableness- whether its fair, just and reasonable to impose a duty of care, is really a matter of public policy.
- It is not fair, just and reasonable to impose a duty of care when: situation covered by statues, there is professional immunity, sometimes for public authorities e.g police and rescue service.
- e.g - Hill v Chief Constable of West Yorkshire - yorkshire ripper's last victim's mother claimed police should have caught him before daughter killed= not fair just or reasonable to impose a duty of care on police to identified and apprehend a unknown criminal
- however, the police do owe a duty of care in some circumstances. - MPC v Reeves (2001)- police took man in custody who was known to be at risk of commiting suicide. whilst in police custody he hanged himself in the cell. the court found that the police owed him a duty of care.
- Capital v Hampshire County Council - Fire brigade made mistake and led to more serious damage+ it was fair just and reasonable to impose a duty of care as brigade's own negligence created danger.
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