Kuwait Court of Cassation principle number 3882

Payment by the drawee bank, even without fault on its part, of the value of a payment instrument bearing a forged signature attributed to its customer, however skilful the forgery. Does not discharge it. Rationale: that instrument lacks an essential condition, namely the customer’s authentic signature, and therefore has no evidentiary force against him. Condition. Absence of fault on the customer’s part. The bank’s liability in this regard. Rests on its bearing the risks of the profession, not on the rules of tort liability. The judgment’s departure therefrom and its award of compensation to the customer on the basis of tort liability rules. Vitiates it by violation of law and error in its application and requires its partial cassation.