Kuwait Court of Cassation principle number 4062

The court of merits. Its duty to ascertain, of its own motion, the correct legal rule applicable to the relationship between the parties to the compensation action and to apply it to the facts before it. - The direct cause of the compensation action. Its basis is every right to compensation accruing to the injured party for damage sustained, against the person who inflicted or caused it. The nature of the liability relied upon by the injured party in support of his claim or the statutory provision on which he relied. Has no effect. The reason for this. - 749 - Obligation - Infringement of a legitimate interest of the injured party in his person or property. The basis of his right to compensation against the person who caused the damage, even if the means relied upon vary. Its consequence. He may rely upon contractual fault for the first time before the Court of Appeal despite having relied upon proven or presumed tortious fault, and the court of merits may rely upon it in awarding compensation whenever it finds it established. This may not be considered a change in the cause or subject matter of the action. The reason for this. An example.