Kuwait Court of Cassation principle number 1727

A contract for the carriage of persons. The carrier’s obligation to guarantee the passenger’s safety. An obligation to achieve a result. Its implication. It is sufficient for the passenger to prove that he was injured during performance of the carriage contract for the carrier’s liability for this damage to arise, without proof of fault on his part. Proof by the carrier that the damage arose from force majeure, fault of the injured party, or fault of a third party. Its effect. Exclusion of his liability. Article 189 of the Commercial Code. - Treating an accident as force majeure relieving the carrier of liability. Its condition. It must be unforeseeable and impossible to avert. Assessment of the evidence of its existence. A matter of fact. - 329 - Obligation