Kuwait Court of Cassation principle number 936

The court of merits. Its obligation, of its own motion, to ascertain the correct legal rule applicable to the relationship between the parties to the compensation action and apply it to the facts before it. - The direct cause of action in a compensation claim. Its basis is every right to compensation arising for the injured party for the harm he suffered against the person who inflicted or caused it. The nature of the liability relied upon by the injured party in support of his claim or the statutory provision upon which he relied. Has no effect. The rationale therefor. - Infringement of a legitimate interest of the injured party in his person or property. The basis of his right to compensation against the person who caused the harm, even if the means upon which he relies vary. Its import. He may rely on contractual fault for the first time before the Court of Appeal notwithstanding his reliance on established or presumed tortious fault, and the court of merits may rely upon it in its award of compensation whenever its existence is established before it. This may not be regarded as a change in the cause of action or its subject matter. The rationale therefor. Example. Reasoning of a compensation judgment: