Kuwait Court of Cassation principle number 2256

Contractual liability and tortious liability. The legislature assigned each separate provisions, an independent legal regime, and a defined scope for their provisions. The consequence thereof. The existence of a contractual relationship defined by its parties and scope. Where one contracting party suffers damage because the other party breaches his obligation, the provisions of the contract must be applied as governing the relationship between its parties, and the provisions of tortious liability are not applied unless it is established that the act committed by one party gives rise to tortious liability. The rationale thereof: he is prohibited from committing that act whether or not he is a contracting party. - The appellant bank's contention that its relationship with the respondent is a contractual relationship governed and regulated by the contract for use of the automated teller card, and that the contract provided that the bank was not obliged to stop its use except from the date of notification to it - 419 - Obligation of its loss or theft. The judgment's disregard of this material defence and its ordering the bank to pay the amount claimed under the provisions of tortious liability. Renders it defective and requires its cassation.