Kuwait Court of Cassation principle number 2971

The appellant bank's contention that its relationship with the respondent is a contractual relationship governed and regulated by the automated teller machine card use contract, 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 sum claimed in accordance with the rules of tort liability. Vitiates it and requires its cassation. Volunteering contract:*