Kuwait Court of Cassation principle number 3836

The harmful act. A source of obligations. Its foundation on two matters: the first, establishing full, comprehensive liability rooted in the concept of fault generally and aimed at compensating damage in all its manifestations; the second, guaranteeing personal injury within the limits of blood money when the first basis is unavailable to the injured party. Its purpose. Preserving spilled blood from going uncompensated in cases where liability for lawful acts falls short of compensating it. - The injured party’s recourse through an action for liability for unlawful acts whenever its elements are satisfied. Does not close off an action for recourse under the guarantee of personal injury. The objective is to regulate compensation for the harmful act inflicted - 707 - Obligation upon the person. Whether the damage results from tortious fault or direct action. Its implication. The subject matter of both actions is the same: compensation for the harmful act inflicted upon the person, with differing grounds: in the first, tortious fault, and in the second, direct action. Its effect. The injured party may change the grounds of the action from tort liability to the direct actor’s liability before the appellate court without this constituting a change in the subject matter of the action. The challenged judgment’s departure from this and its treatment of the request for an award of Sharia blood money as a new claim. An error requiring its partial cassation.