Kuwait Court of Cassation principle number 90

Custody giving rise to liability is based on presumed fault. Its meaning. Custody rests in principle with the owner. It may pass to another under a contract conferring upon the latter the power of use, direction and supervision. What matters is the actual control exercised by that other person over the thing on his own account. The consequence: the purchaser becomes custodian upon receiving the thing sold and exercising his powers over it as owner. Custody remains with him even if the contract is annulled or rescinded, until he returns the thing sold to the seller. Assessment of whether evidence establishes the transfer of control from one person to another. A matter of fact. - Transfer of actual control over the vehicle causing the accident to the purchaser upon his receipt of it under a purchase contract. Its consequence. He becomes its custodian and the seller ceases to have that capacity. Ordering the seller to pay compensation jointly and severally with the purchaser from him. An error requiring partial cassation of the judgment.