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Unformatted text preview: plaintiffs complaint state an actionable claim for the tort? c. Holding i. South Carolina does NOT recognize the tort of negligent enablement of imposter fraud. d. Reasoning i. To establish a claim for negligence, a plaintiff must prove 1.a duty of care owed by defendant to plaintiff, 2.a breach of duty by negligent act or omission, and 3.damage caused by the breach. ii. While identity theft is a growing problem, the court declines to recognize a duty of care between credit card issuers and those whose identities may be stolen. Foreseeability alone does not give rise to a duty. iii. Since there is no duty on the part of the credit card issues, S.C. doesnt recognize the tort....
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This note was uploaded on 11/17/2008 for the course AEM 3200 taught by Professor Grossman,d. during the Fall '07 term at Cornell University (Engineering School).
- Fall '07