Kuwait Court of Cassation principle number 2008

Interpretation of contracts and instruments to ascertain the intention of their contracting parties and drafters. A matter of fact. The condition thereof. The impermissibility of departing from the clear wording of a contract. The rationale thereof. Article 193 of the Civil Code. An example of a judgment's error in interpreting a contractual clause in a manner its wording does not support. - The relationship of subordination on which a principal's liability for his subordinate's fault rests. Its nature. The latter being subject to carrying out the principal's orders concerning how he performs the work he undertakes for the principal's account. Absence of that subjection. Its implication. Absence of a relationship of subordination. An example concerning the absence of liability of a female car lessee for its loss while traveling in a convoy of vehicles in Iraq under the protection of the American army, and the absence from the documents of anything indicating that this army was subject to the car lessee's orders.