In the Fact Patter, Charlotte McMann developed a methodology to help individuals identify their perfect fit for a running shoe. McMann spent most of her time researching and conducting tests which received a high percentage of approval rating. She then decides to maximize her benefits by opening her own retail store. Mathew her lawyer recommends her a couple of ideas, one being opening a Limited Partnership, and suggesting himself as the Limited Partner, offering contributions towards the opening of her business. Throughout the processes of Charlotte opening her business and gaining profits she faces numerous difficulties. Mathew Stinson, suggested Charlotte to operate her company as a Limited Partnership and offered himself as the Limited …show more content…
After one of her interviews with a potential sporting goods store using her methodology, Charlotte got into a car accident. Before the accident occurred she was looking for her phone on a stop light not realizing the light had turned green and a car hit her from behind. The other driver was Cary Leach, who was seeking damages for the incident. In this particular case, Leach would be the plaintiff and Charlotte would be the defendant. Leach can file a suit claiming that Charlotte committed a tort, for doing a wrong and Leach was seeking compensation for the damages caused to him and his car. Charlotte committed the tort of negligence, because she caused someone injury. Because she was driving and at a stop sign searching for her phone, she did not notice the light turn green, therefore the car coming from behind not expecting her to be parked at an intersection hit her. Charlotte therefore breached a duty of care because she not only did she put herself at risk, but she put someone else at risk due to her negligence. “When someone fails to comply with the duty of care, a potentially tortious act may have been committed” (Miller 295). There was enough causation in this scenario to establish a tort of negligence. Leach can also argue whether or not there was causation in fact. Because Charlotte was searching for her phone, this caused Leach to hit her from behind causing the injuries. As for Charlotte, she can build up a defense against Leach, where he was the one who failed to exercise the duty of care. She can build up her case, by saying that he was being negligent by driving too fast and should have stopped if the car in front of him was no moving. Therefore he owed her the duty of care since she was the one that gained the more serious physical injury and held liable for his actions. Charlotte can also use the contributory negligence doctrine because the plaintiff was also