Kuwait Court of Cassation principle number 783

Appointing the bank as agent to collect the value of a cheque. Subject to the agency provisions of the Civil Code, supplemented by banking custom. - An agent's appointment of a substitute. Impermissible except with the principal's authorization. Granting this authorization. Its effect. Rendering the agent liable only for his fault in selecting his substitute or in the instructions he issued 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 challenged judgment basing its ruling on the agent bank's liability for the correspondent bank's fault without ascertaining the extent of fault in its selection of the correspondent bank or in the instructions it issued to it. Deficiency and error in applying the law requiring its cassation.