Kuwait Court of Cassation principle number 1216

Articles 192/1 of the Maritime Commerce Code and 4/Second of the Brussels Convention. Counterparts addressing the same rule concerning exemption of the maritime carrier in the event of loss or damage arising from acts, neglect or fault of the master, seamen, pilot or servants of the maritime carrier in navigating the ship. Neither requires a particular method of proving the existence of the legal ground for exemption from liability. It suffices for the carrier to attribute the damage to this ground. The judgment’s reliance on navigational errors as a ground for exempting the carrier from liability. No error.