C. Proximate cause
To prevail in a negligence claim after a security breach, the victim must establish the existence of several elements, including a duty of care owed by the defendant, breach of that duty, and damages suffered as a result of the breach. However, the most important element that the victim must establish is proximate cause.
Proximate cause refers to the relationship between the breach of duty and the harm suffered by the victim. In other words, the victim must prove that the breach of duty caused or contributed to the harm suffered. For example, the victim must demonstrate that the breach of duty by the defendant was the direct cause of the security breach and resulting harm.
Establishing concern (option A) or hardship (option D) may be relevant factors in assessing damages, but they are not essential elements in a negligence claim. Breach of contract (option B) may be relevant if there was a contractual relationship between the victim and the defendant, but a negligence claim does not necessarily require a breach of contract. (chatGPT)
C. Proximate cause.
In a negligence claim, the victim must demonstrate that the defendant's actions (or inactions) were the proximate cause of the harm or injury suffered. Proximate cause means that the defendant's conduct was a substantial factor in causing the harm, and there was a foreseeable connection between the defendant's actions and the harm that occurred. Essentially, it establishes a direct link between the defendant's negligence and the victim's damages.
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