The mistake is a necessary condition for civil liability , but makes it the basis upon which the injured party must hold on to the mistake of an actor and establish the evidence for it . In order to carry out the responsibility of the maritime carrier , there must be mistake committed by the carrier while carrying out the transport . There must be a causal relationship between mistake and damage :
The liability of the maritime carrier for the goods is based on mistake , Whenever there is mistake committed during the performance of his obligation .What are the mistake which are be imposed on responsibility of the carrier ?
Personal ship faults :
The shipper may be harmed by a personal faults ,such as allow the ships to sail and awe not navigable , so the ships structure is not equipped to cope with the dangers of the sea or is not equipped to keep the goods at temperatures or the master is not fully qualified for this work .
Accident mistake :
The damage caused by mistakes in packing goods or neglecting the navigators in their care and sometimes stealing them and may be the reason for the wrong maneuver by the master of these mistake and others leads to the need to identify he persons who are asking for their mistakes .
All persons employed by the carrier in the performance of its obligation , whether under its supervision or those who carry out their business without the supervision of the carrier , shall be included in the scope of the dependents , as long their mistakes occurred on the occasion of the execution of the contract of carriage .
Liability for the faults of subordinates is within the scope of the contractual liability . There for , it is considered to be the carriers guarantee for the errors that caused harm to third parties because the carrier when using the other party to carry out the contract of transfer from actual obligation , guarantees the damage caused by shippers or messengers the provision of article 129 of the Kuwait Maritime law establish that the maritime carrier is not liable for the loss , receipt or delay in delivery of the goods if it arises from one of the reasons stated in the article ( any other reason not arising from the act of the carrier or its agents or followers or their mistake ) .