Kuwait Court of Cassation principle number 1504

The contract of carriage by sea. It obligates the carrier to transport a thing to a specified destination, load and stow it in the means of transport, then unload it, unless otherwise agreed. The nature of this obligation. An obligation to achieve an end. Loss of or damage to the consignment. It suffices for the consignee to prove that this occurred during carriage for the carrier to incur liability, unless the latter proves that the loss or damage did not arise from its act or the transport of its workers or employees, but rather from force majeure, an inherent defect in the goods carried, their special nature, or inadequate packaging. - 285 - Obligation