Kuwait Court of Cassation principle number 380

Determining whether damage is established or negated. A factual matter independently determined by the trial judge, provided the determination is reasonable. - Assessing damage and determining compensation that makes good that damage. A factual matter independently determined by the trial judge. The condition for this. Compensation must be proportionate to the damage. The rationale for this. - Assessing compensation for moral damage. It suffices that it be an amount that consoles the injured party and that the court considers appropriate. - The appellate court’s adjustment of the amount of compensation is a matter within its discretion and may not be debated before the Court of Cassation. The condition for this: the court must state the considerations for which it increased or reduced it. Example concerning the challenged judgment’s adjustment of the compensation amount without stating the considerations for which it ordered the increase, in a manner requiring its cassation.