Kuwait Court of Cassation principle number 3504

The court of merits. It must, of its own motion, ascertain the correct legal rule applicable to the relationship between the parties to the compensation action and apply it to the facts before it. - The direct cause of a compensation action. Its basis is every right arising for the injured party to compensation for the harm sustained, against the person who inflicted or caused it. The nature of the liability relied upon by the injured party in support of his claim or the legal provision upon which he relied. Has no effect. The reason for this. - Infringement of a legitimate interest of the injured party in his person or property. The basis of his right to compensation against the person who caused the harm, even if the means upon which he relies vary. Its import. He may rely on contractual fault for the first time before the Court of Appeal despite having relied on established or presumed tortious fault, and the court of merits may rely upon it in its award of compensation whenever its existence is established before it. This may not be regarded as a change to the cause or subject matter of the action. The reason for this. Example.