Kuwait Court of Cassation principle number 3273

Determining tortious fault. Disregarding the subjective circumstances pertaining to the injured person. Its meaning. Establishment that the victim belongs to the class of boys. His conduct while playing must be measured against the conduct of a boy of his class, divested - 608 - Obligation of his personal circumstances. This conduct may not be measured against the conduct of a person of mature age. Taking age into account in this case is taking account of a general external circumstance and is not considered taking account of a personal circumstance.