Kuwait Court of Cassation principle number 1734

A carriage contract. Its nature. - A carriage contract. The carrier’s obligation thereunder is to achieve a result, namely transporting the thing and delivering it intact to the consignee. Its requirement. The carrier’s liability remains in place until actual delivery of the goods is completed. Loss of the thing before delivery or damage to it. Its implication. His liability is established without any need to prove fault on his part. His liability encompasses his personal acts and the acts of persons he employs in performing the contract. Proof that the loss or damage arose from force majeure, an inherent defect in the goods, or the fault of the consignor or consignee. Its effect. Exclusion of the carrier’s liability.