Kuwait Court of Cassation principle number 18

The air carrier's liability for delay in carrying passengers under the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air and its amendments. Founded on presumed fault on its part. That liability is negated upon proof that the carrier and its servants took all necessary measures to avoid the damage or that it was impossible for them to take them. - Establishing the measures necessary to avoid the damage or the failure to take them. A question of fact for the court of merits. Its condition. - Treating the injured party's act as an extraneous cause relieving liability. Its condition: that it be productive of and influential in causing the damage. An incidental cause. Is insufficient.