Kuwait Court of Cassation principle number 2345

Contractual liability and tortious liability. The legislature has assigned each its own provisions, independent legal regime and defined scope for its provisions. The implication thereof. The existence of a contractual relationship defined by its parties and scope. Injury to one contracting party through the other party's breach of his obligation requires application of the contract's provisions as governing the relationship between its parties; the provisions of tortious liability are not applied unless it is established that the act committed by one party gives rise to tortious liability. The reason therefor: he is prohibited from committing this act whether or not he is a contracting party. - The appellant bank's contention that its relationship with the respondent is a contractual relationship governed and regulated by the automated teller card usage contract, and that the contract provides that the bank is not obligated 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 amount claimed pursuant to the provisions of tortious liability. This vitiates it and requires its cassation.