Kuwait Court of Cassation principle number 3482

The contract of carriage by sea. Its effect. The carrier’s obligation to guarantee that the goods arrive intact to the consignee. - The nature of this obligation. An obligation to achieve a result; the carrier is not relieved of liability unless it proves that the loss of or damage to the goods is attributable to force majeure, an inherent defect, or the consignee’s fault. - Proof of the carrier’s failure to perform its obligation. What suffices in this regard.