Kuwait Court of Cassation principle number 218

Fault giving rise to liability for compensation. Established by departure from customary conduct and the ordinary person's obligation not to harm others in circumstances similar to those surrounding the person to whom fault is attributed. - 51 - Obligation - Exercise of a right. Does not entail liability unless intended to cause malicious harm and hardship or accompanied by a form of negligence and fault. - Inferring fault and deviation in the exercise of a right, or negating it. A question of fact for the trial judge, without review. The condition therefor.