Kuwait Court of Cassation principle number 3516

Contractual liability and tortious liability. The legislature assigned each its own provisions, independent legal regime, and defined scope for its rules. Consequence thereof. The existence of a contractual relationship defined as to its parties and scope. Injury sustained by one contracting party due to the other party's breach of its obligation requires application of the contractual provisions as those governing the relationship between its parties; the rules of tortious liability are applied only if it is established that the act committed by one party gives rise to tortious liability. Rationale therefor: he is prohibited from committing that act whether or not he is a contracting party. - The appellant bank's contention that its relationship with the respondent is contractual, governed and regulated by the contract for use of the automated teller machine card, and that the contract provided that the bank was not obliged to stop its use except from the date it was notified of its loss or theft. The judgment's disregard of this material defense and its ordering the bank to pay the amount claimed pursuant to the rules of tortious liability. This vitiates it and necessitates its cassation. - The obligation of the two parties to the joint account:-