Kuwait Court of Cassation principle number 3499

Contractual liability and tortious liability. The legislature assigned each its own provisions, independent legal regime, and defined scope for its provisions. Consequence. Where a contractual relationship defined by its parties and scope exists, and one contracting party sustains damage through the other's breach of its obligation, the contractual provisions must apply as those governing the relationship between its parties. The provisions on tortious liability do not apply unless it is established that the act committed by one party gives rise to tortious liability. The reason: that party is prohibited from committing that act whether contracting or not contracting.