Kuwait Court of Cassation principle number 3800

Authorizing the bank to collect the amount of the cheque. It is subject to the agency provisions contained in the Civil Code, supplemented by banking custom. - The agent's appointment of a substitute. Impermissible except with authorization from the principal. The issuance of this authorization. Its effect is to render the agent liable only for fault in selecting the substitute or in the instructions given to the substitute. Authorization may be express, implied, or presumed from the circumstances of the work, as occurs when collection is made in another state. - The judgment basing its ruling on the agent bank's liability for the correspondent bank's errors without ascertaining the extent to which fault existed in its selection of the correspondent bank or in the instructions it gave to it. Inadequacy of reasoning and an error in applying the law requiring its cassation.