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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    Principle 3295Determining the act constituting fault giving rise to liability. Falls within the trial court's discretionary authority, provided it is reasonable and derived from elements leading to it. - Legal characterization of the Civil Matters — Volume 10 · Source page ٦١١
  2. Principle 3296Inference of fault giving rise to liability. Within the authority of the court of merits. Provided it is reasonable.Civil Matters — Volume 10 · Source page ٦١٢
  3. Principle 3297The Contracts Committee at the Public Ports Authority. Its award decision creates no right for the successful tenderer against the administrative entity issuing the tender if it withdraws. The condition thereof is that tCivil Matters — Volume 10 · Source page ٦١٢
  4. Principle 3298The Public Prosecution's decision to close the criminal case because it was extinguished by the accused's death. Has no binding evidentiary effect in establishing fault giving rise to tort liability. It may be relied upoCivil Matters — Volume 10 · Source page ٦١٢
  5. Principle 3299The binding authority of a criminal judgment before the civil court. Confined to its operative part, excluding its unnecessary reasons. An acquittal does not preclude proof of fault.Civil Matters — Volume 10 · Source page ٦١٢
  6. Principle 3300The distinction between service fault and personal fault. The determining factor: the employee’s intention while performing the duties of his office, the intention to inflict harm and gross fault. Personal fault suppliesCivil Matters — Volume 10 · Source page ٦١٢
  7. Principle 3302Inferring the fault giving rise to liability and the causal relationship between it and the damage. A matter of fact within the authority of the court of the merits. The condition therefor.Civil Matters — Volume 10 · Source page ٦١٢
  8. Principle 3303Determining whether tortious fault is established or absent, ascertaining the facts, assessing documents and evidence, weighing - 612 - Obligation them against one another, preferring what inspires confidence, and interpCivil Matters — Volume 10 · Source page ٦١٢
  9. Principle 3304Appointing a bank as agent to collect the amount of a cheque. Subjection to the agency provisions contained in the Civil Code, supplemented by banking custom. - An agent's appointment of a substitute. Impermissible excepCivil Matters — Volume 10 · Source page ٦١٣
  10. Principle 3305The burden of paying the value of a cheque originally bearing a forged signature falling upon the customer. Its falling upon the drawee bank, regardless of the degree of perfection of the forgery. The bank bearing this bCivil Matters — Volume 10 · Source page ٦١٣
  11. Principle 3308Assessment of fault giving rise to tort liability. A question of fact within the authority of the court of merits. However, characterizing an act as fault or denying that characterization is a question of law. Example: vCivil Matters — Volume 10 · Source page ٦١٤
  12. Principle 3309A litigant may rely on a judgment rendered in his favour in another action as circumstantial evidence subject to the assessment of the court of merits. - Inferring the fault giving rise to liability. Within the authorityCivil Matters — Volume 10 · Source page ٦١٤
  13. Principle 3310The drawer's liability for payment of a forged cheque. When it arises. - Determining the existence or absence of fault giving rise to liability. Within the authority of the court of merits. An example.Civil Matters — Volume 10 · Source page ٦١٤
  14. Principle 3312The right to report crimes. The criterion for entitlement to compensation in respect thereof. Malicious exercise, with intent to cause harm and injury. - Assessment of the existence or absence of malicious exercise. A maCivil Matters — Volume 10 · Source page ٦١٤
  15. Principle 3313Deciding whether the expressions used by a litigant are necessary for the defence. A matter for the trial court. Its condition. It must base its ruling on reasonable grounds. - Characterisation of an act as constituting Civil Matters — Volume 10 · Source page ٦١٤
  16. Principle 3314Characterising the act or omission upon which the claim for compensation is founded as fault, or denying it that characterisation. A question of law. Consequence. It is subject to review by the Court of Cassation. - FaulCivil Matters — Volume 10 · Source page ٦١٥
  17. Principle 3315A creditor's taking compulsory enforcement measures against his debtor's assets pursuant to a judgment having the force of res judicata. A right that does not entail his liability as long as he observes the enforcement pCivil Matters — Volume 10 · Source page ٦١٥
  18. Principle 3316The constitutional principle is freedom of thought and expression of opinion, including the right to criticize. The exception: prohibition of publication if it would prejudice one of the stipulated values. Publication aiCivil Matters — Volume 10 · Source page ٦١٥
  19. Principle 3317Reporting crimes. A legitimate right for everyone who exercises it within the limits of the law. False reporting. Its effect. Compensation for the damage sustained by the person reported against. Its condition. That the Civil Matters — Volume 10 · Source page ٦١٥
  20. Principle 3319Inference of fault giving rise to contractual liability. Within the authority of the court of merits. Condition thereof. - Civil liability. Its basis is fault producing damage. - Fault producing damage. Its nature. MultiCivil Matters — Volume 10 · Source page ٦١٥
  21. Principle 3320Fault giving rise to liability for compensation is established by departure from customary conduct and from the vigilance and foresight required of an ordinary person. Inferring the existence of fault or deviation in theCivil Matters — Volume 10 · Source page ٦١٦
  22. Principle 3322Fault giving rise to compensation in tort liability. Its occurrence through publication in newspapers by insult and defamation. Recklessness and lack of precaution suffice to establish it. Absence of malicious intent. ItCivil Matters — Volume 10 · Source page ٦١٦
  23. Principle 3323Fault giving rise to liability. How it is established. - The Family Counselling Section affiliated with the Sharia Documentation Department. Its task is to examine cases of divorce intended to be pronounced in absentia aCivil Matters — Volume 10 · Source page ٦١٦
  24. Principle 3324Civil courts' abstention from examining matters decided by the criminal court. Reason thereof. Example concerning provisional compensation for liability to compensate for damage resulting from issuing a cheque without coCivil Matters — Volume 10 · Source page ٦١٧
  25. Principle 3325Inferring fault giving rise to liability or its absence. Within the authority of the trial court. The condition therefor.Civil Matters — Volume 10 · Source page ٦١٧
  26. Principle 3327Inferring the existence or absence of fault giving rise to liability. Within the authority of the court of merits. The condition thereof. - Expressions in an article aimed at disparagement, incompatible with constructiveCivil Matters — Volume 10 · Source page ٦١٧
  27. Principle 3328The administration's liability for administrative decisions issued by it. Its basis. The existence of fault on its part, damage suffered by the person concerned, and a causal relationship between the fault and the damageCivil Matters — Volume 10 · Source page ٦١٧
  28. Principle 3330Inferring the existence or absence of fault giving rise to accountability. A matter of fact falling within the authority of the trial court, provided its inference is reasonable.Civil Matters — Volume 10 · Source page ٦١٨
  29. Principle 3331Every wrongful act resulting in damage to another entails its perpetrator’s liability for compensation. The condition for this. Inferring the causal relationship between the fault giving rise to liability and showing theCivil Matters — Volume 10 · Source page ٦١٨
  30. Principle 3332The general rule is that the holder of a right is not liable for damage caused to others by exercising that right. Rationale. Exercising that right entails no liability unless intended to harass or cause hardship, or accCivil Matters — Volume 10 · Source page ٦١٨
  31. Principle 3334The challenged judgment correctly concluding that the appellant was not entitled to the material benefits he claimed and that the element of fault required for the administrative authority’s liability for the material anCivil Matters — Volume 10 · Source page ٦١٨
  32. Principle 3335Criminal liability for the offence of negligent injury. Its basis. Fault that must be proved.Civil Matters — Volume 10 · Source page ٦١٩
  33. Principle 3336Characterizing the act on which the compensation claim is based as fault, or denying it that characterization. Within the authority of the court of merits. It is subject in this respect to review by the Court of CassatioCivil Matters — Volume 10 · Source page ٦١٩
  34. Principle 3337Fault giving rise to liability for an unlegislated act. How it arises. Article 277 Civil Code. - Inferring the existence of fault giving rise to liability and the causal relationship between it and the damage. A questionCivil Matters — Volume 10 · Source page ٦١٩
  35. Principle 3338Determining fault giving rise to tort liability. Within the authority of the trial court. The condition for this. - Characterizing an act as fault giving rise to liability, or denying that characterization. Questions of Civil Matters — Volume 10 · Source page ٦١٩
  36. Principle 3339The prerequisite for liability to compensate damage is the occurrence of fault. The right-holder’s exercise of his right to obtain the lawful benefit afforded by that right. No fault. Such exercise falling outside the spCivil Matters — Volume 10 · Source page ٦١٩
  37. Principle 3340Fault giving rise to liability for compensation. Established by deviation from customary conduct and the ordinary person's obligation not to harm others in circumstances like those surrounding the person to whom fault isCivil Matters — Volume 10 · Source page ٦١٩
  38. Principle 3341Fault giving rise to compensation in tort liability. Established by publication in newspapers, insult and defamation, even in the absence of malicious intent, so long as there is recklessness and lack of precaution. - AbCivil Matters — Volume 10 · Source page ٦١٩
  39. Principle 3345Liability of an accomplice by incitement and assistance for the fault that caused the alleged damage. Its criterion. That fault must have been committed by its perpetrator—the principal perpetrator—as a result of that inCivil Matters — Volume 10 · Source page ٦٢٠
  40. Principle 3346The liability of the manager of a limited liability company. Its nature. Tortious liability. It is established by proof of his fault, the occurrence of damage, and causation between them. The burden of proving this restsCivil Matters — Volume 10 · Source page
  41. Principle 3347Inferring the existence or absence of fault giving rise to liability belongs to the court of merits, provided its inference is reasonable and has an established basis in the case papers. Otherwise, the judgment is tainteCivil Matters — Volume 10 · Source page
  42. Principle 3348The rule is freedom of thought and opinion, including the right to criticize. The exception is prohibition of publication. Its condition. Impairment of a value. What occurs through publication to the detriment of others.Civil Matters — Volume 10 · Source page
  43. Principle 3349The basis of the administration's liability for decisions it issues: fault on its part, in that the administrative decision is unlawful, damage befalls the person concerned, and a causal relationship exists between them.Civil Matters — Volume 10 · Source page
  44. Principle 3350Assessing participation in a work and inferring the presence or absence of fault giving rise to tort liability. A matter of fact for the trial court. The condition for this. An example concerning the inference that the tCivil Matters — Volume 10 · Source page
  45. Principle 3351Court of Cassation. Decisions on the merits are subject to its review on the question of characterizing the act upon which the compensation claim is based as fault, or denying that characterization. - Inference of fault Civil Matters — Volume 10 · Source page
  46. Principle 3352A claim for provisional compensation. It rests merely on proof of damage without specifying its elements. - Inferring the fault giving rise to liability and assessing the existence of damage and the causal relationship bCivil Matters — Volume 10 · Source page
  47. Principle 3353The injured party’s fault subsuming the respondent’s fault. Relieves the latter of liability. Reason: absence of a causal link.Civil Matters — Volume 10 · Source page
  48. Principle 3354The court's reasonable inference that the appellant's fault subsumed the female victim's fault and that his fault itself caused the accident. Does not vitiate it. - 621 - ObligationCivil Matters — Volume 10 · Source page
  49. Principle 3355Establishment that the fault leading to the accident was not exclusively that of the driver of the car, but that the injured person contributed to it substantially. Its effect. The provision of Article 25 of the Law ReguCivil Matters — Volume 10 · Source page
  50. Principle 3359The injured party's contribution, through his fault, to causing the damage. Its effect. The court may refrain from awarding any compensation.Civil Matters — Volume 10 · Source page
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