Kuwait Court of Cassation principle number 1499

A contract of carriage by sea. Its effect. The carrier’s obligation to guarantee that the goods reach the consignee intact. The nature of this obligation. An obligation to achieve a result, from which the carrier’s liability is not lifted unless he proves that the loss of or damage to the goods is attributable to force majeure, an inherent defect, or the consignee’s fault. - Proof of the carrier’s failure to perform his obligation. What suffices in this regard.