Kuwait Court of Cassation principle number 3503

Court of merits. In determining the nature of liability, it is not bound by what the injured party relied upon in seeking compensation or by the legal provision upon which he relied. It must determine the correct legal basis applicable to the relationship between the parties to the compensation action and apply it to the facts before it, without this constituting a change to the cause or subject matter of the action. Basis thereof. - 647 - Obligation