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The customer proceeds to the ATM with the intention of making a withdrawal. Unknown to the customer a thief has inserted a foreign object into
The customer proceeds to the ATM with the intention of making a withdrawal. Unknown to the customer a thief has inserted a foreign object into the ATM card reader: This causes the card to be stuck in the card-reader. After he has inserted his card the ATM does not respond in any way. This is due to the fact that the ATM does not register that a card has been inserted. The screen does not change or request the person to enter his Personal Identification Number (PIN). The customer then enters his PIN in the hope that the ATM responds. He often also presses the cancel button in an attempt to retrieve his card. The card is, however, not ejected. The customer, thinking the ATM has legitimately retained his card, then leaves. The thief, who had been standing nearby, has seen the complainant enter his PIN and is now aware of what his PIN is. After the customer leaves, the thief removes the object that he placed in the card reader and retrieves the card. He then rushes to the nearest ATM and draws as much money from the customer's account as the system permits. Who will bear liability according to South African Law and why
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