المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Commercial and Labour — Volume 9

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,069 available principles

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  1. - نقل بحري

    Principle 1164Permissibility of exempting the carrier from liability. Its cases and conditions. - Rebutting liability. The burden of proving it rests on the carrier invoking it.Commercial and Labour — Volume 9 · Source page ٢٠٩
  2. Principle 1165The general rules of the Brussels Convention concerning Bills of Lading. Prohibit stipulating exemption from liability in bills of lading. The exception and its cases. The burden of proving entitlement to benefit from thCommercial and Labour — Volume 9 · Source page ٢٠٩
  3. Principle 1166The judgment basing its ruling on the carrier's liability on its failure to provide evidence negating its liability. No defect.Commercial and Labour — Volume 9 · Source page ٢٠٩
  4. Principle 1167The consignee's delay in taking delivery of the shipment immediately upon learning its location. Fault. Its effect. Defeating the carrier's liability for delay in delivering it. - 209 - CommercialCommercial and Labour — Volume 9 · Source page ٢٠٩
  5. Principle 1168The absence of the carrier’s liability for loss or damage arising from insufficient packing may not be invoked against a good-faith holder of the bill of lading unless the master has entered a reservation concerning it oCommercial and Labour — Volume 9 · Source page ٢١٠
  6. Principle 1169The carrier may disclaim liability for damage to goods caused by a latent defect or their inherent defect pursuant to the Bills of Lading Convention. The Convention’s provision in this regard is unqualified. Its effect.Commercial and Labour — Volume 9 · Source page ٢١٠
  7. Principle 1170Force majeure. Its nature. Example of the absence of its two elements in the case of transporting vehicles on the vessel's deck in a manner that does not render the carrier's performance of its obligation impossible.Commercial and Labour — Volume 9 · Source page ٢١٠
  8. Principle 1171The carrier's obligation is an obligation to achieve a result, namely to transport the goods and actually deliver them intact to the consignee. Loss of the thing before delivery. Its effect. The carrier becoming liable. Commercial and Labour — Volume 9 · Source page ٢١٠
  9. Principle 1172The criterion for exempting the maritime carrier from liability arising from perils or accidents of the sea. Is the existence of force majeure, in that they could not be foreseen and were impossible to avert.Commercial and Labour — Volume 9 · Source page ٢١٠
  10. Principle 1173The rule is that the carrier is liable for loss of and damage to the goods. This liability is rebutted by proving that it is attributable to force majeure, a fortuitous event, or the consignee's fault.Commercial and Labour — Volume 9 · Source page ٢١٠
  11. Principle 1174Unloading the shipped goods at the port of arrival. Falls upon the carrier. The consequence. The unloading contractor works for the carrier's account, and the carrier therefore remains liable to the consignee for the unlCommercial and Labour — Volume 9 · Source page ٢١٠
  12. Principle 1175The carrier's obligation to achieve a result is to deliver the consignment complete and intact to the consignee after its unloading by the unloading contractor. - The consignee may not have recourse against the unloadingCommercial and Labour — Volume 9 · Source page ٢١٠
  13. Principle 1176The carrier's obligation to achieve a result by delivering the consignment to the consignee complete and sound. Fault by the unloading contractor is borne by the carrier. - 210 - CommercialCommercial and Labour — Volume 9 · Source page ٢١٠
  14. Principle 1177A State that has not acceded to the Brussels Convention and has signed the protocol amending it. The provisions of the Convention do not apply to it until after it has ratified the protocol. Example.Commercial and Labour — Volume 9 · Source page ٢١١
  15. Principle 1178The Brussels Convention concerning Bills of Lading. Conditions for applying its rules. An example.Commercial and Labour — Volume 9 · Source page ٢١١
  16. Principle 1179The Bills of Lading Convention. Its scope of application. The lost things that are stowed on the ship's deck fall outside this scope. Their subjection to the general rules of national laws.Commercial and Labour — Volume 9 · Source page ٢١١
  17. Principle 1180The Bills of Lading Convention. Its scope of application. Application of the rules it regulates. - Exclusion of goods stowed on the deck of the vessel from the provisions of the Convention. Its two conditions.Commercial and Labour — Volume 9 · Source page ٢١١
  18. Principle 1181The maritime carrier’s liability where goods are carried on the vessel’s deck. Subject to the general rules of liability, rather than the Brussels Convention or the Maritime Commerce Law.Commercial and Labour — Volume 9 · Source page ٢١١
  19. Principle 1182Package. Its nature and intended meaning in relation to determining the maximum limit of liability.Commercial and Labour — Volume 9 · Source page ٢١١
  20. Principle 1183The nature of a package within the meaning of Article 4/5 of the Brussels Convention concerning the maximum compensation for loss or damage. What falls outside this. An example concerning a coil of electrical wire shippeCommercial and Labour — Volume 9 · Source page ٢١١
  21. Principle 1184The carrier’s obligation under the Brussels Convention, for failure to state the kind of goods, to compensate each unit in the amount of 25 dinars. Its liability for the actual damage if it proves that it is below that lCommercial and Labour — Volume 9 · Source page ٢١١
  22. Principle 1185A carrier belonging to a state that did not object to Kuwait’s reservation. How compensation is assessed in its case. Compensation must be assessed for each lost or damaged unit of goods under the Brussels Convention witCommercial and Labour — Volume 9 · Source page ٢١١
  23. Principle 1186Compensation must be assessed for each lost or damaged unit of the goods pursuant to the Brussels Convention, subject to the reservation thereto made by the State of Kuwait. Recovery of compensation shall not be less thaCommercial and Labour — Volume 9 · Source page ٢١١
  24. Principle 1187Compensation for damage to shipped goods must be assessed on the basis of actual damage if the amount is less than the limit established by the Brussels Convention coupled with the reservation of the State of Kuwait.Commercial and Labour — Volume 9 · Source page ٢١٢
  25. Principle 1188If the damage is attributable to the carrier's fraud. Its liability is then unlimited, and the statutory limitation of its liability provided for in the Brussels Convention does not apply. Inferring fraud. A matter of faCommercial and Labour — Volume 9 · Source page ٢١٢
  26. Principle 1189Assessment of compensation for loss of or damage to goods or delay in their delivery under Article 193/2 of the Maritime Commerce Law at 250 dinars per package or unit or 750 fils per kilogram, whichever limit is higher.Commercial and Labour — Volume 9 · Source page ٢١٢
  27. Principle 1190Receipt of goods without reservation. Its effect. Extinction of rights of recourse against the carrier unless the consignee proves the reservation concerning the goods and the filing of the action within thirty days of dCommercial and Labour — Volume 9 · Source page ٢١٢
  28. Principle 1191Failure to make a reservation to the carrier concerning damage or to notify it in writing of loss or damage under the Brussels Convention. Its effect. A presumption arises that the goods were delivered in the manner descCommercial and Labour — Volume 9 · Source page ٢١٢
  29. Principle 1192Total loss of the goods. Its effect. Absence of any requirement to establish their condition. No utility in invoking the effect of delivery without reservation.Commercial and Labour — Volume 9 · Source page ٢١٢
  30. Principle 1193The Brussels Convention does not adopt the defence of forfeiture of the right of recourse against the carrier provided for in Article 178 of the Commercial Law where no reservation has been made. The Convention establishCommercial and Labour — Volume 9 · Source page ٢١٢
  31. Principle 1194The port’s representation of the carrier in delivering the goods to the consignee. The basis of this representation. Statutory representation originating in law. When the carrier’s liability is discharged in this case.Commercial and Labour — Volume 9 · Source page ٢١٣
  32. Principle 1195Recourse to a general law where a special law exists. Impermissible. - Subsequent general legislation does not impliedly repeal prior special legislation. - The Maritime Commerce Law, as a general law, does not repeal thCommercial and Labour — Volume 9 · Source page ٢١٣
  33. Principle 1196Liability of carriers subsequent to the first carrier toward the consignor and consignee. Limited to damage occurring in the part of the sea voyage particular to each. The burden of proving this lies with the consignee.Commercial and Labour — Volume 9 · Source page ٢١٣
  34. Principle 1197Successive carriage within the meaning of Article 454 of the former Commercial Law is carriage under a through bill of lading combining the different shipping operations in one contract. Example.Commercial and Labour — Volume 9 · Source page ٢١٣
  35. Principle 1198The clause exempting liability for partial loss. Its import: the scope of the burden of proof resting on the person obtaining insurance.Commercial and Labour — Volume 9 · Source page ٢١٣
  36. Principle 1200Inclusion in the insurance policy of a clause exempting partial particular-average loss. Its effect. Exclusion of all partial particular-average loss from the scope of coverage except that occurring as a result of the shCommercial and Labour — Volume 9 · Source page ٢١٣
  37. Principle 1202The deposit or security lodged by the ship’s agent with a bank. Prescribed to secure enforcement of judicial judgments rendered against the sea carrier in actions arising from maritime transport operations. - 213 - CommeCommercial and Labour — Volume 9 · Source page ٢١٣
  38. Principle 1203What matters in calculating the limitation period is the assertion of the right, irrespective of amendments to the claims. The basis for this. An example of an action relating to maritime carriage.Commercial and Labour — Volume 9 · Source page ٢١٤
  39. Principle 1204Actions arising from a contract of carriage by sea are extinguished upon the lapse of 1 year from the date the goods were delivered or the date on which they should have been delivered. Interruption of limitation in respCommercial and Labour — Volume 9 · Source page ٢١٤
  40. Principle 1205The Bills of Lading Convention. Its establishment of a rebuttable presumption concerning delivery of the goods at the port of destination without reservation, whereby they are presumed to have been delivered in the condiCommercial and Labour — Volume 9 · Source page ٢١٤
  41. Principle 1206The maritime carrier’s obligation under the Brussels Convention to deliver the goods. Its scope is confined to the sea voyage, with damage presumed. The carrier may disprove the occurrence of damage during it.Commercial and Labour — Volume 9 · Source page ٢١٤
  42. Principle 1207In maritime carriage. The maritime stage, beginning with loading and ending with unloading, is subject to the Brussels Convention and the Maritime Commercial Code. Operations preceding and following this stage are governCommercial and Labour — Volume 9 · Source page ٢١٤
  43. Principle 1208The cash deposit or bank guarantee deposited by the shipping agent. Its purpose. To secure enforcement of judgments rendered against carriers. Its provision applies from the entry into force of the Maritime Commerce Law.Commercial and Labour — Volume 9 · Source page ٢١٤
  44. Principle 1209Establishment of fault on the carrier's part through its negligence in stowing and preserving the goods, which contributed to the damage, renders it immaterial whether the goods were loaded on the ship's deck or inside iCommercial and Labour — Volume 9 · Source page ٢١٤
  45. Principle 1211The contract of carriage by sea. Its effect. The carrier’s obligation to ensure that the goods reach the consignee intact. The nature of this obligation. An obligation to achieve a result; its liability is not dischargedCommercial and Labour — Volume 9 · Source page ٢١٥
  46. Principle 1212Unloading the shipped goods at the arrival building falls upon the carrier even where there is an unloading contractor. The reason for this. The latter acts for the account of the former. - The liability of the loading aCommercial and Labour — Volume 9 · Source page ٢١٥
  47. Principle 1213The knowledge from which the limitation period specific to actions arising from a contract of carriage by sea begins to run. What is meant thereby. The right-holder's actual knowledge of his right to recover what was paiCommercial and Labour — Volume 9 · Source page ٢١٥
  48. Principle 1214It is sufficient for the agency of the vessel’s maritime agent to be established in accordance with the general rules for those with an interest in the cargo to have the right to implead the agent as the carrier’s represCommercial and Labour — Volume 9 · Source page
  49. Principle 1215The contract of carriage obliges the carrier to provide a seaworthy vessel before the voyage begins. The reason for this. Assessment of whether or not the carrier complied with this. A matter for the trial court.Commercial and Labour — Volume 9 · Source page
  50. Principle 1216Articles 192/1 of the Maritime Commerce Code and 4/Second of the Brussels Convention. Counterparts addressing the same rule concerning exemption of the maritime carrier in the event of loss or damage arising from acts, nCommercial and Labour — Volume 9 · Source page
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