Kuwait Court of Cassation principle number 1134

Contract of carriage. The carrier’s obligation thereunder to achieve a result, namely transporting the thing and delivering it intact to the consignee. Its requirement. The carrier’s liability remains in existence until actual delivery of the goods is completed. Loss of the thing before delivery or damage to it. Its implication. The carrier’s liability is established without any need to prove fault on its part. Its liability encompasses its personal acts and the acts of persons it employs in performing the contract. Establishment that the loss or damage resulted from force majeure, an inherent defect in the goods, or fault of the consignor or consignee. Its effect. Exclusion of the carrier’s liability. - Determining the condition of the goods at the time the carrier delivers them, ascertaining the damage they sustained, and assessing compensation therefor. Matters for the court of fact. - 205 - Commercial