Kuwait Court of Cassation principle number 1439

Exploitation as a defect of consent. Its existence requires that a person, in order to induce another person to accept the contract, exploit a human weakness in him arising from his compelling need to avert an imminent danger to person or property, his manifest recklessness, his apparent weakness, his unbridled passion, or that person’s moral ascendancy over him, with the intention of imposing upon him an excessive burden between what he is obliged to perform thereunder and the material or moral benefit it brings him, such that concluding the contract constitutes a manifest repudiation of honourable dealing and the requirements of good faith. Exploitation must be the motive for contracting in order to produce its effect. - Determining that exploitation was the motive for contracting. Within the authority of the court of fact. The condition for this.