Kuwait Court of Cassation principle number 2314

Contract of carriage. The carrier's obligation therein is an obligation to achieve a result: transporting the thing and delivering it intact to the consignee. Its implication. The carrier's liability continues until actual delivery of the goods is completed. Loss of the thing before delivery or damage to it. Its consequence. The carrier's liability is established without the need to prove fault on its part. Proof that the loss or damage resulted from force majeure, an inherent defect in the goods, or the consignee's fault. Its effect. Exclusion of the carrier's liability. - Force majeure. Its nature: The event must be impossible to foresee and impossible to avert. - Plea of non-performance of the contract. Its consequence: Each contracting party may refrain from discharging the obligations imposed on it by the contract, even if due, until the other contracting party performs its reciprocal obligations. The contracting party invoking the plea must not act inconsistently with the requirements of good faith and integrity in dealing. The trial court may assess this. Example. The debtor's non-performance of its contractual obligation: