Kuwait Court of Cassation principle number 1503

Contract for the carriage of persons. The carrier's obligation to guarantee the passenger's safety. An obligation to achieve an end. Its implication. It is sufficient for the passenger to prove that he was injured during performance of the contract of carriage for the carrier's liability for this harm to arise, without proving fault on its part. The carrier's proof that the harm arose from force majeure, fault of the injured party, or fault of a third party. Its effect. Exclusion of its liability. Article 189 of the Commercial Code. - Treating the accident as force majeure relieving the carrier of liability. Its condition. That it could not have been foreseen and was impossible to avert. Assessment of the evidence of its existence. A matter for the trial court.