Kuwait Court of Cassation principle number 1742

The appellant bank’s contention that its relationship with the respondent is contractual, governed and regulated by the contract for use of the automated teller machine card, and that the contract provides that the bank is not obliged to stop its use except from the date it is notified of its loss or theft. The judgment’s disregard of this material defence and its ordering the bank to pay the amount claimed pursuant to the provisions of tortious liability. This vitiates it and requires its cassation. The agent’s liability: