Kuwait Court of Cassation principle number 334

Compensation for material damage. Its condition: impairment of a financial interest of the injured party and that the damage has actually occurred or its occurrence in the future is inevitable. - Compensation for loss of opportunity. Conditional upon damage occurring consisting in depriving the injured party of a gain he hoped to obtain. Prospective gain. Its realization must be sufficiently probable to make its occurrence more likely than its non-occurrence. - Parents’ claim that they have been deprived of future gain as a result of the death of a son in an accident. The occurrence of material damage depends on the factual circumstances, particularly the injured person’s immediate condition and future financial position, and its comparison with the condition of the person seeking assistance and maintenance, and whether the assistance rests upon a duty or legal obligation. Example.