Kuwait Court of Cassation principle number 578

The direct actor is liable even if he did not act intentionally or wrongfully. He is the person whose act, performed by himself, itself brought about the harm and caused it without an intermediary. Direct action differs in its nature from indirect causation, which is a cause of the matter but does not itself bring it about. The motorcycle that the deceased was driving in a sandy area collided with the right side of the insured vehicle while it was travelling on the main road, resulting in his death. The characterization as direct actor. Does not attach to the vehicle's driver, and the insurance company's liability is negated. The rationale therefor: the intervention of another event between the vehicle's movement and the harm, namely the impact caused by the motorcycle driven by the deceased. The judgment's departure from this. An error in applying the law requiring its cassation. - 117 - Obligation