Kuwait Court of Cassation principle number 579

The direct actor is the person whose act, personally performed, itself brought about the damage and caused it without an intermediary. Direct action differs from indirect causation. An example concerning the driver of the insured car colliding with the predecessor's car, which he had stopped on the road owing to a breakdown, without any other matter intervening between this act and the resulting damage. The predecessor's stopping with his disabled car in this manner does not rise to the level of gross and intentional misconduct that negates the first car driver's status as direct actor. - The direct actor's liability is based on directly causing damage, not on fault. The effect thereof. His liability does not cease as a consequence of the absence of his fault. - Gross misconduct whereby the direct actor's liability is lifted pursuant to Article 257 Civil Code. Its nature. - Inferring whether the direct actor's act itself brought about the damage without an intermediary, or negating this, or whether the injured party's act constitutes conduct or not. A question of fact for the trial court. The condition therefor. An example.