Kuwait Court of Cassation principle number 2532

A towage contract. Its nature. Damage caused to the towed vessel 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. Not necessary. The reason therefor. His obligation to transport the towed vessel safely. Exclusion of his liability. Its cases. - A pilotage contract. A compulsory contract. In the State of Kuwait. Its nature. - The pilot's liability for damage sustained by the vessel he pilots. Its restriction to his gross fault. Articles 217, 220 and 222 of the Maritime Commercial Code. - Liability for damage occurring during towage and pilotage operations. Contractual liability. The legal provisions applicable to towage and pilotage form an integral part of the contract. These provisions must be applied, rather than the rules of tortious liability. - Loading and unloading contract:-