Kuwait Court of Cassation principle number 1725

Contract of carriage. The carrier’s obligation thereunder to achieve a result, namely to transport the thing and deliver it intact to the consignee. Its implication. The carrier’s liability continues until actual delivery of the goods is completed. Destruction of or damage to the thing before delivery. Its consequence. The carrier’s liability is established without any need to prove fault on its part. Its liability encompasses its personal acts and the acts of the persons it employs in performing the contract. Proof that the destruction or damage arose from force majeure, an inherent defect in the goods, or fault of the consignor or consignee. Its effect. Exclusion of the carrier’s liability. - Determining the condition of the goods at the time the carrier delivers them, ascertaining the damage sustained by them and assessing compensation therefor. Matters of fact.