المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Civil Matters — Volume 10

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,646 available principles

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  1. الخطأ

    Principle 1616Fraudulent misrepresentation is considered one of the harmful acts characterised as a civil wrong. Its effect. Its perpetrator remains liable for what he committed under the rules of tort liability whenever its elements Civil Matters — Volume 10 · Source page ٣٢٠

  2. إسهام خطأ المضرور في إحداث الضرر

    Principle 1617The Court of Cassation. The trial court’s adjudication is subject to its review on the question of characterising the act on which the claim for compensation is founded as a fault, or denying that characterisation. - InfCivil Matters — Volume 10 · Source page ٣٢٠
  3. Principle 1620Every wrongful act causing damage to another. Entails its perpetrator's liability to compensate for the damage. Unless he proves that the damage arose from an extraneous cause. The injured party's fault constitutes an exCivil Matters — Volume 10 · Source page ٣٢٠
  4. Principle 1621The injured party’s contribution through his fault to causing the damage. Its effect. The court may decline to award any compensation.Civil Matters — Volume 10 · Source page ٣٢١
  5. Principle 1622The injured party’s contribution, through his fault, to causing the damage. Its effect. The court may refuse to award him compensation.Civil Matters — Volume 10 · Source page ٣٢١
  6. Principle 1623The injured party's act that removes liability. Its condition. That it be productive of and effective in causing the damage, and not merely an incidental cause.Civil Matters — Volume 10 · Source page ٣٢١
  7. Principle 1624The injured party’s fault contributing to the occurrence of the damage he suffered. Its effect. Reduction of compensation in proportion to that fault.Civil Matters — Volume 10 · Source page ٣٢١
  8. Principle 1626The victim's contribution to the fault together with the person responsible for the accident. Its effect. Disregarding it. Deficiency in reasoning. Example.Civil Matters — Volume 10 · Source page ٣٢١
  9. Principle 1627Loss of the ability to control urination and defecation. Equitably assessed compensation is due for both, not exceeding the blood money payable for loss of life. - The victim’s fault not subsuming the fault of the personCivil Matters — Volume 10 · Source page ٣٢١
  10. Principle 1628The injured party's fault contributing to the occurrence of the damage without subsuming the fault of the liable party. Its effect. The liable party incurs liability, but not full liability. Its determination in a proporCivil Matters — Volume 10 · Source page ٣٢١
  11. Principle 1629The judgment's consideration, when assessing compensation, of the victim's contributory fault. No defect. - 321 - ObligationCivil Matters — Volume 10 · Source page ٣٢١

  12. الضرر

    Principle 1631The contribution of the defendant's fault in a liability action, together with the injured person's own fault, to causing the damage, without either subsuming the other. Its effect. The defendant incurs liability to an eCivil Matters — Volume 10 · Source page ٣٢٢
  13. Principle 1632Assessing damage and the compensation that redresses it. Within the authority of the court of merits. It is not bound in this by the expert's opinion.Civil Matters — Volume 10 · Source page ٣٢٢
  14. Principle 1633Damage is an element of liability. The burden of proving it rests on the injured party. Inferring its existence is within the authority of the court of fact without review thereof. The condition for this.Civil Matters — Volume 10 · Source page ٣٢٢
  15. Principle 1638Determining whether or not the creditor could have avoided the damage by exercising reasonable effort, and whether or not the damage was direct. A question of fact. Raising it for the first time before the Court of CassaCivil Matters — Volume 10 · Source page ٣٢٣
  16. Principle 1640Determining damage and assessing compensation to redress it. Within the authority of the judge of merits. An example concerning the entitlement of a minor below the age of discernment to compensation for moral damage.Civil Matters — Volume 10 · Source page ٣٢٣
  17. Principle 1641The agreed financial penalty securing performance aims to redress damage resulting from breach of the obligation. Import thereof. Damage equal to the compensation assessed by the contracting parties is presumed to have oCivil Matters — Volume 10 · Source page ٣٢٣
  18. Principle 1642The presumption that damage equal to the compensation assessed in advance by the contracting parties has occurred when the penalty clause is triggered. The debtor may rebut it by proving the absence of damage or its lackCivil Matters — Volume 10 · Source page ٣٢٣
  19. Principle 1643Compensable damage is certain damage, namely damage that has occurred or will inevitably occur. When contingent damage is compensated.Civil Matters — Volume 10 · Source page ٣٢٣
  20. Principle 1644The elements constituting damage and entering into the calculation of compensation. A question of law. Subject to review by the Court of - 323 - Obligation Cassation. Assessment of damage and compensation making it good.Civil Matters — Volume 10 · Source page ٣٢٣
  21. Principle 1645Inferring the elements of damage and determining its extent. Within the authority of the court of merits. It is not obliged to grant a request to appoint an expert to determine the nature and extent of the damage. WhenevCivil Matters — Volume 10 · Source page ٣٢٤
  22. Principle 1646The employer’s obligation under a fixed-term contract to compensate the worker for the remainder of the contract term if the contract is terminated by the employer, unless a condition in the contract requires it. ExampleCivil Matters — Volume 10 · Source page ٣٢٤
  23. Principle 1647Ascertaining whether damage exists. A factual matter independently determined by the court of merits. The condition for this. - Assessment of compensation in the absence of a provision requiring adherence to particular cCivil Matters — Volume 10 · Source page ٣٢٤
  24. Principle 1648Inferring the existence or absence of harm. Within the authority of the court of merits where it bases its ruling on reasonable grounds. - The challenged judgment's conclusion that fault could not be attributed to the fiCivil Matters — Volume 10 · Source page ٣٢٤
  25. Principle 1649Determining whether harm is established or negated. A factual matter exclusively determined by the trial court. For that purpose, it may assess witness testimony and accept some statements but not others. It is not obligCivil Matters — Volume 10 · Source page ٣٢٤
  26. Principle 1650The criterion for the existence of liability giving rise to compensation. - The court’s satisfaction with the report of the expert appointed in the action because of the soundness of the investigations on which it was baCivil Matters — Volume 10 · Source page ٣٢٥
  27. Principle 1651Damage giving rise to compensation. Its condition. It must be certain. Potential damage. Compensation for it is not due unless it actually occurs. Loss of an opportunity is a certainty. Compensation for it. Its conditionCivil Matters — Volume 10 · Source page ٣٢٥
  28. Principle 1652Damage is an element of liability. The burden of proving it rests on the injured party. Inferring its existence is within the authority of the court of merits. The condition thereof.Civil Matters — Volume 10 · Source page ٣٢٥
  29. Principle 1653Damage is an element of liability. Determining its existence or absence and assessing compensation to redress it. Within the trial court's authority; in doing so it may adopt the expert's report. The condition thereof.Civil Matters — Volume 10 · Source page ٣٢٥
  30. Principle 1654Damage is the fundamental element of tort liability and exceeds fault in importance; such liability does not arise without its occurrence. The burden of proving it. Upon the injured party. - Inferring the existence or abCivil Matters — Volume 10 · Source page ٣٢٥
  31. Principle 1655Rescission of a contract binding on both parties. Its effect. The other contracting party has the right to compensation for the damage he sustained as a result of the rescission. The basis of that compensation. Tortious Civil Matters — Volume 10 · Source page ٣٢٥
  32. Principle 1656Kuwait Finance House is a Kuwaiti shareholding company. Its subjection, in respect of the banking services and operations it conducts, all aspects of its activities, and the rights resulting or obligations arising therefCivil Matters — Volume 10 · Source page ٣٢٥

  33. رابطة السببية

    Principle 1657Combining 2 compensations for the same damage. Impermissible. The implication. A worker may not demand from the employer compensation for damage under the Labour Law and compensation for it under the rules of tort liabilCivil Matters — Volume 10 · Source page ٣٢٦
  34. Principle 1658An event constituting force majeure breaks the causal connection between fault and damage. Its conditions. An example of an event not constituting force majeure.Civil Matters — Volume 10 · Source page ٣٢٦
  35. Principle 1659Inference of the causal relationship between fault and damage. Within the authority of the court of merits, provided its inference is reasonable. Example.Civil Matters — Volume 10 · Source page ٣٢٦
  36. Principle 1660Inferring fault and the causal relationship between it and the damage is within the authority of the court of merits, provided the inference is reasonable. However, characterizing an act as a fault or not a fault is a quCivil Matters — Volume 10 · Source page ٣٢٦
  37. Principle 1662Ascertaining the facts, assessing evidence and proofs, and inferring fault giving rise to liability and the causal relationship between it and the damage. Within the authority of the court of merits, which is not obligedCivil Matters — Volume 10 · Source page ٣٢٧
  38. Principle 1663Inferring the fault giving rise to liability and the causal relationship. A matter of fact within the authority of the court of merits. - Compensable damage is direct damage that could not have been avoided by exerting tCivil Matters — Volume 10 · Source page ٣٢٧
  39. Principle 1664Ascertaining the facts of the action, assessing evidence and documents, and inferring fault and the causal link between it and the damage. Within the authority of the court of fact whenever reasonable.Civil Matters — Volume 10 · Source page ٣٢٧
  40. Principle 1665Assessment of the occurrence of the act constituting fault and the causal link between it and the damage. Among the factual matters independently determined by the court of merits. The condition for this.Civil Matters — Volume 10 · Source page ٣٢٧
  41. Principle 1666Causal connection in civil liability. The criterion for its existence. Fault productive of harm. Its nature. Multiplicity of faults. Its effect. They are regarded as independent, mutually supporting causes among all of wCivil Matters — Volume 10 · Source page ٣٢٧
  42. Principle 1667Inferring the existence of a causal relationship or its interruption by the presence of an extraneous cause. A question of fact within the exclusive discretion of the trial court. The condition for this.Civil Matters — Volume 10 · Source page ٣٢٧
  43. Principle 1668The debtor’s failure to perform his contractual obligation. A fault giving rise to his liability. His proving that non-performance is attributable to force majeure, an external cause beyond his control, or the fault of tCivil Matters — Volume 10 · Source page
  44. Principle 1671Agreeing upon compensation in advance. Permissible. When agreed compensation is not due. And when may the creditor claim more than the agreed compensation?Civil Matters — Volume 10 · Source page
  45. Principle 1672The contracting parties may modify the rules of contractual liability where the modification is within the limits of the law and public policy. - A provision in the insurance contract that the insurance company is not liCivil Matters — Volume 10 · Source page
  46. Principle 1673Rules of contractual liability. They may be modified by the will of the contracting parties. An example in an insurance contract. An agreement between the insurer and the insured granting the former recourse against the Civil Matters — Volume 10 · Source page
  47. Principle 1674Rules of contractual liability: the contracting parties may modify them within the limits of the law and public policy. An example concerning an insurance policy - 328 - Obligation Conditions relating to nullity, forfeitCivil Matters — Volume 10 · Source page
  48. Principle 1675If the principal authorizes the agent to appoint a substitute without designating the person of the substitute, the agent is not liable for the substitute’s acts.Civil Matters — Volume 10 · Source page
  49. Principle 1676In contracts binding on both parties. Their being deemed rescinded because performance is impossible. Does not preclude the debtor's liability for compensation if the impossibility is due to his default. Once the creditoCivil Matters — Volume 10 · Source page
  50. Principle 1677The contractual liability of the contracting parties; modification of its rules. Provided that the limits of the law and public order are observed. Example in an insurance contract.Civil Matters — Volume 10 · Source page
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