Kuwait Court of Cassation principle number 3267

Under Sharia, the direct actor is the person who affected the damage, brought it about, and brought about death himself without an intermediary, and was its cause; the indirect causer is the person who affected the damage but did not bring it about himself, rather through an intermediary. The implication thereof: the criterion for the direct actor's liability is the occurrence of harm, so absence of fault does not avert it. - 550 - Commercial - Intentional outrageous conduct that removes the direct actor's liability. Its definition: fault descending to the point of being inexcusable, namely an excessive deviation from proper conduct exceeding gross negligence without reaching the degree of intending the result, committed voluntarily by its perpetrator through an unjustified act or omission while aware of the surrounding danger. An example of what does not constitute such conduct: a child lacking discernment crossing the road, coming to rest beneath a vehicle's rear wheel, and dying as a result of its movement. Treating the driver as the direct actor causing the harm despite the absence of fault on his part and the occurrence of the accident solely as a result of the victim's fault. - Outrageous misconduct that excludes liability for personal injury. It must emanate from the injured person, not from the person responsible for him.