Kuwait Court of Cassation principle number 742

The liability of an accomplice by instigation and assistance for the fault that produced the harm claimed. Its criterion. That fault must have been committed by its perpetrator—the principal actor—as a result of that instigation or assistance. Inferring this. A matter of fact. - 147 - Obligation - Establishment that the appellant’s son’s act was independent of the fault that caused the deceased’s death and which occurred without instigation or assistance. The appealed judgment’s conclusion requiring the former, in his capacity, to pay compensation jointly and severally with the latter. This vitiates it and requires its cassation.