Kuwait Court of Cassation principle number 4075

Assessing compensation arising from the loss of or damage to goods otherwise than according to the statutory limitation of the carrier’s liability. Its condition. The shipper’s submission, before shipment, of a declaration of the nature and value of the goods, and the carrier’s recording of this declaration in the bill of lading. Articles 4/5 of the Brussels Convention and 193/2 of the Maritime Commerce Law. - Requiring the shipper to write the particulars relating to the goods before shipment and enter them in the bill of lading. The carrier may refrain from entering these particulars if their accuracy is doubtful, and the shipper may prove their character. The implication thereof. Entering and recording those particulars, or refraining from entering them when their accuracy is doubtful or sufficient means of verifying their accuracy are unavailable, falls upon the carrier. Article 179 of the Maritime Commerce Law. - The carrier’s failure, through fault or deliberately, to include the value of the goods in the bill of lading. Its effect. It does not exempt it from compensating the injured person for the actual value of those goods. The reason therefor.