Kuwait Court of Cassation principle number 3415

Compensation for tort liability. Its scope: material and moral damage. The basis for this. - Moral damage. Its meaning. The Constitution guarantees the human right to life and bodily integrity, and the law criminalizes assaults upon it. The implication: impairment of bodily integrity constitutes material and moral damage. - The criminal judgment concluding that the elements of liability, namely fault and damage of both types, are present. This prevents the civil court from re-examining those elements. Contravening this and dismissing the compensation action—for the same act and against the person liable for it—on the ground that damage has not materialized. An error in the application of the law. Requiring its cassation. - 630 - Obligation