Session on Tuesday, June 25, 2024
Headed by Judge Shihab Abdulrahman Al-Hammadi, "Head of the Department", with the membership of Judges Mohammed Ahmed Abdulkadir and Abdullah Boubaker Alseri.
(1, 2) Obligation ‘Sources of obligation: the harmful act: damage warranty: trial court's authority to assess the guarantee’. Court of Cassation: authority of the trial court in assessing compensation’ ‘Court of Cassation: its authority to control the trial court in assessing the compensation.’
1. Assessment of damages. Authority of the trial court. The condition for this is that the assessment must be reasonable, acceptable and compensatory, without exaggeration or frivolity, and based on elements established in the papers. Apparent inappropriateness between the damage and the compensation. Its effect. The Court of Cassation may address it. Reason. The compensation is outside the scope of legality to the scope of illegality.
2. The appealed judgement awarded compensation without assessing the material and moral damages suffered by the Appellant as a result of the surgical intervention and...