Kuwait Court of Cassation principle number 2352

The direct actor. His definition. The difference in nature between direct action and indirect causation. The direct actor's liability for diyah. Its basis. His direct infliction of the harm. Negation of fault on his part or the occurrence of fault on the part of the injured party. Its implication. His liability is not removed. The injured party's intentional injury of himself or the injury occurring as a result of his gross and deliberate conduct. Its implication. Removal of the direct actor's liability. An example of the injured party seeking recourse through an action for liability for personal injury based on the existence of the direct actor's liability notwithstanding the existence of another liability based on an unlawful act.