RECENT ASSIGNMENT

Critically analyses the following case and say whether or not you think that the plaintiff will succeed under the tort of negligence:

John was the batsman in a cricket match. He hit the ball so hard that it went over the brick wall that surrounded the cricket ground over the road outside and hit Mr Smith, who had just opened the front door of his house. Mr Smith sued the cricket club for negligence. Mr Smith had a nasty injury on his head caused by the ball. It was stated in court that the ball had been hit over the wall only three times in the last ten years.