Kuwait Court of Cassation principle number 2644

Contract for the carriage of persons. The carrier's obligation to guarantee the passenger's safety. An obligation to achieve a result. Its import. It is sufficient for the passenger to prove that he was injured during performance of the contract of carriage for the carrier's liability for this damage to arise, without proving any fault on its part. The carrier's proof that the damage arose from force majeure or fault of the injured party or fault of a third party. Its effect. Absence of its liability. Article 189 of the Commercial Code. - Treating the accident as force majeure relieving the carrier of liability. Its condition. That it could not have been foreseen and was impossible to avert. Assessment of evidence of its existence. A matter for the trial court.