Kuwait Court of Cassation principle number 2641

Contract of carriage. The carrier's obligation under it is an obligation to achieve a result: transporting the thing and delivering it intact to the consignee. Consequence. The carrier's liability continues until actual delivery of the goods is completed. Loss of or damage to the thing before delivery. Implication. His liability is established without needing proof of fault on his part. His liability encompasses his personal acts and the acts of persons he employs in performing the contract. Establishment that the loss or damage resulted from force majeure, an inherent defect in the goods, or the fault of the consignor or consignee. Effect. Absence of the carrier's liability. - Determining the condition of the goods when the carrier delivers them, ascertaining the damage they sustained, and assessing compensation for it. Matters of fact.