Kuwait Court of Cassation principle number 3605

Liability of the custodian of things. Its basis is the existence of intentional and independent actual control over the thing. The general rule is that it belongs to the owner of the thing unless it is established that his control over it has ceased and custody has actually passed to another at the time the damage occurred. Article 243, Civil Code. - The principal's liability for damage arising from his subordinate's act. The basis for its establishment. The existence of actual authority over the subordinate in supervision and direction. Administrative supervision is sufficient. - 663 - Obligation - Assessing the existence of the constituent elements of custody and inferring the existence or absence of the relationship of subordination. A matter for the court of merits. The condition for this. An example concerning the transfer of custody of a rented vehicle to the proprietor of a pilgrimage group.