Kuwait Court of Cassation principle number 244

Appointing a bank as agent to collect the value of a cheque. Its subjection to the agency provisions of the Civil Code - 47 - Civil Procedure supplemented by banking custom. - The agent’s appointment of a substitute. Impermissible without the principal’s authorization. The granting of such authorization. Its effect is to render the agent liable only for his fault in selecting his substitute or in issuing instructions to him. Authorization may be express, implied, or presumed from the circumstances of the work, as occurs when collection takes place in another country. - The judgment’s 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 issued to it. Deficient reasoning and an error in applying the law requiring its cassation.