Kuwait Court of Cassation principle number 1768

Contractual liability and tortious liability. The legislature assigned to each provisions independent of the other and defined the scope of each. - The existence of a legal relationship defined as to its parties and scope, and damage sustained by one of its parties owing to the other party’s breach in performing the contract. Import thereof. The provisions of the contract and the rules prescribed by law concerning it must be applied, and the rules of tortious liability, under which the injured person is not bound by a pre-existing contractual relationship, may not be applied, so that the provisions of the contract are not disregarded in a manner impairing its binding force. Exception. Proof against either party that the act he committed which caused damage to the other party constitutes a criminal offence or amounts to fraud or gross fault giving rise to tortious liability.