AILET 2019 LLM Question Paper with answer key for online practice

Question : 38 of 150

Marks: +1, -0

Tinu and Pinki, age 10, were playing in the park. During their play, suddenly, Tinu started advancing towards Pinki showing his fist. In order to avoid being hit by Tinu, Pinki stood behind Mohan, a bystander and used him as a shield by keeping Mohan between herself and Tinu. As Tinu closed in, Pinki gently pushed Mohan toward Pinki, hoping Pinki would jump back and give Mohan a chance to escape. Mohan stumbled and fell, suffering an injury. Mohan brings an action against Tinu. Which of the following arguments on Tinu’s behalf has the greatest chance of success ?

Tinu should only be liable for nominal damages for the gentle push but not for damages for Mohan’s injury because he did not intend nor could he foresee such a result
Tinu should not be liable because a child of age 10 cannot form the requisite intent for committing wrong
Tinu should not be liable because a gentle push cannot constitute a battery
Tinu should not be liable because a child on a playground has a privilege to touch a bystander and even to give the person a gentle push
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