Kuwait Court of Cassation principle number 2666

The appellant bank’s contention that its relationship with the respondent is a contractual relationship governed by the automated teller card use contract, and that the contract provides that the bank is not obliged to stop its use except from the date it is notified - 457 - Commercial 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 tort liability. Vitiates it and necessitates its cassation. - Novation contract:-