Kuwait Court of Cassation principle number 3505

The court of merits. In determining the nature of liability, it is not bound by what the injured person relied upon in seeking compensation or by the legal provision upon which he relied. It must identify 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 being considered a change in the grounds or subject matter of the action. - Establishment of contractual liability. Its effect. Tort liability may not be applied. The exception is proof by the injured person that the act committed by one party and causing harm to the other amounts to fraud or gross fault.