Kuwait Court of Cassation principle number 433

The general rule concerning liability for bodily harm warranting diyah. Its burden falls upon its direct perpetrator. The exception. - The employer’s liability for damage caused by his subordinate through his unlawful act. Its basis. Presumed fault on the employer’s part that cannot be rebutted. The conflict between the rules governing this liability and the special rules governing liability for bodily harm, so they do not apply to it. The basis for this. The judgment’s contravention of this and its conclusion that the subordinate was the direct perpetrator of the damage while holding the employer jointly and severally liable with him. An error in the application of the law requiring its cassation.