Kuwait Court of Cassation principle number 3381

Damage is an essential element of tort liability, which cannot exist without it. Its condition. That it be a natural consequence of the unlawful act by resulting directly therefrom. The burden of proving this lies on the injured party. - Assessment of the existence of damage. A factual matter. Independently determined by the court of merits. - A judgment resting on several independent grounds, one of which suffices to support its ruling. Challenging it on the other grounds. Ineffective and of no avail. Example concerning a challenge to a judgment dismissing a liability action as regards the absence of the element of fault, and the sufficiency of the ground of absence of the element of damage, which was not challenged.