Kuwait Court of Cassation principle number 2268

Contractual liability and tortious liability. The legislator assigned to each provisions independent of the other and defined the scope of each. - The existence of a legal relationship with defined parties and scope, and damage suffered by one of its parties because of the other party's breach in performing the contract. Its implication. The provisions of the contract and what the law prescribes concerning it must be applied, and the provisions of tortious liability, in which the injured party is not bound by a prior contractual relationship, may not be applied, also so that the contractual provisions are not disregarded, thereby impairing its binding force. The exception. That it be established against one of the parties that the act he committed, which harmed the other party, constitutes a crime or amounts to fraud or gross fault giving rise to tortious liability. - 421 - Obligation