Kuwait Court of Cassation principle number 3484

The contract of carriage. The carrier's obligation thereunder to achieve a result, namely transporting the thing and delivering it intact to the consignee. Its implication. The carrier's liability continues until the goods are actually delivered in full. Destruction of or damage to the thing before delivery. Its consequence. Its liability is established without any need to prove fault on its part. Its liability encompasses its personal acts - 588 - Commercial and the acts of persons it employs in performing the contract. Proof that the destruction or damage resulted from force majeure, an inherent defect in the goods, or the fault of the consignor or consignee. Its effect. Absence of the carrier's liability. - Determining the condition of the goods when the carrier delivers them, establishing the damage sustained by them and assessing compensation for it. Matters for the court of fact.