Kuwait Court of Cassation principle number 1730

The contract of carriage by sea. Obligates the carrier to transport a thing to a specified destination, load and stow it in the means of transport, and then discharge it, unless otherwise agreed. Nature of this obligation. An obligation to achieve a result. 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 particular nature, or the inadequacy of their packaging. - Determining whether the loss of or damage to the shipped goods arose from their particular nature. A matter of fact within the exclusive competence of the trial court, provided its determination is reasonable.