Chloe and Pete, age 10, were playing tag in the park, Pete was "it", and was advancing on Chloe. In order to avoid being tagged by Pete, Chloe stood behind Karl, a bystander, and used him as a shield by keeping Karl between herself and Pete. As Pete closed in, Chloe gently pushed Karl toward Pete, hoping Pete would jump back and give Chloe a chance to escape. Karl stumbled and fell, suffering an injury. Karl brings an action against Chloe for battery. Which of the following arguments on Chloe's behalf has the greatest chance of success?
A. Chloe should only be liable for nominal damages for the gentle push but not for damages for Karl's injury because she did not intend nor could she foresee such a result
B. Chloe should not be liable because a child of age 10 cannot form the requisite intent for battery
C. Chloe should not be liable because a gentle push cannot constitute a battery
D. Chloe 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
Kyle was asleep in his bed in McNutt dormitory when his roommate, Chandler, in a drunken fury, entered their room intending to attack Kyle with a mallet while he slept. When Chandler entered the room, his cellphone rang, so he retreated quickly and threw the mallet under his own bed in the same room. The next day, Kyle heard from friends about the roommate's murderous plans and later found the mallet under Chandler's bed. Even though IU expelled Chandler, Kyle remained extremely upset and afraid to sleep. In a suit for assault, will Kyle prevail?
A. No, because Chandler never touched him
B. No, because Kyle was not awake when Chandler came into the room and was unaware until later that Chandler was intending to attack him
C. Yes, because it was reasonable for Kyle yo feel afraid of sleeping in his room afterward
D. Yes, because Chandler intended to inflict serious harm