Kuwait Court of Cassation principle number 3522

The general rule concerning indemnification for personal injury warranting diya. Its payment is borne by the person directly causing it. The exception. - The principal's liability for damage caused by his subordinate through his unlawful act. Its basis. Presumed fault on the part of the principal that admits no proof to the contrary. Conflict between the rules of this liability and the special rules on indemnification for personal injury; they therefore do not apply thereto. The basis for this. A judgment contravening this and concluding that the subordinate directly caused the damage and holding the principal jointly and severally liable with him. An error in the application of the law requiring its cassation.