Kuwait Court of Cassation principle number 3890

Payment by the drawee bank of the value of a cheque bearing a forged signature attributed to the customer, however skilfully executed. Entails the bank’s liability. The reason therefor: the bank bears this risk. Its condition: no fault or negligence by the customer that caused the damage or subsumed the bank’s fault. When each bears liability in proportion to its fault. - Determining the existence of the customer’s fault and the extent of its contribution to causing the damage, or its absence. A factual matter for the court of merits. The condition therefor.