Kuwait Court of Cassation principle number 1274

The towage contract. Its nature. Damage to the towed vessel caused by the towing vessel. Its effect. The towage operator's contractual liability for damage occurring to the towed vessel. Proof of fault on the part of the towing vessel's operator. Unnecessary. The rationale therefor. Its obligation to transport the towed vessel safely. Exclusion of its liability. Cases thereof. - The pilotage contract. Its nature and consensual character. - The pilot's liability for damage sustained by the vessel being piloted. Its restriction to the pilot's gross fault. Articles 217, 220 and 222 of the Maritime Commerce Law. - Liability for damage occurring during towage and pilotage operations. Contractual liability. The statutory - 224 - Commercial provisions applicable to towage and pilotage constitute an integral part of the contract. These provisions must be applied, rather than the rules of tort liability.