Kuwait Court of Cassation principle number 3840

The direct actor is a person whose act that he personally performed itself brought about the damage and caused it without an intermediary. The distinction between direct action and indirect causation. Example concerning the driver of the insured vehicle colliding with the deceased’s vehicle, in which the deceased was stopped on the road because it had broken down, without any other matter intervening between that act and the resulting damage. The deceased’s stopping with his broken-down vehicle in this manner does not rise to the level of gross and intentional misconduct that negates the first vehicle’s driver’s capacity as direct actor. - 708 - Obligation - The direct actor’s liability is based on directly causing the damage, not on fault. The effect of this. His liability is not negated as a consequence of the absence of fault on his part. - Gross misconduct that lifts the direct actor’s liability pursuant to Article 257 of the Civil Code. Its nature. - Determining whether the direct actor’s act itself brought about the damage without an intermediary, or negating this, or whether the injured party’s act constitutes gross misconduct. A matter of fact for the court of merits. The condition for this. Example.