Kuwait Court of Cassation principle number 4210

The State of Kuwait’s accession to the Warsaw Convention for the Unification of Certain Rules of Air Carriage and the convention supplementary thereto. Its effect. The judge’s obligation to apply the rules contained therein which fall within their scope of application. - The air carrier’s obligation to guarantee the safe carriage of the passenger. An obligation to achieve an outcome arising from the contract of carriage by air. Its implication. The passenger’s suffering damage and proving that it occurred during performance of the contract of carriage suffices to establish the carrier’s failure to fulfil his obligation and his liability for the damage. Release from this liability. Its condition. Proof that he and his servants took all necessary measures to avoid the damage, or that it was impossible to take them, or that the damage resulted from force majeure, a fortuitous event, an act of the injured party, or the fault of a third party. - And see: Legal Principles Established by the Court of Cassation over Forty Years - Volume Nine - Commercial and Labour. Compensation in the Field of Contracts of Carriage and Marine Insurance: