Kuwait Court of Cassation principle number 2635

The maritime carrier's obligation. It ends only upon actual delivery of the shipped goods to the consignee. The reason therefor. His obligation is to achieve a result. His liability is discharged only by proving an extraneous cause. - Non-liability of the maritime carrier in the event of a fire not caused by his act or fault. Article 4/2 of the Brussels Convention. Its implication: the carrier's fault is presumed and he must disprove it. The judgment's ruling that the burden of proof lies on the shipper. An error in applying the law requiring its cassation. Example. - 452 - Commercial