Kuwait Court of Cassation principle number 1641

The agreed financial penalty securing performance aims to redress damage resulting from breach of the obligation. Import thereof. Damage equal to the compensation assessed by the contracting parties is presumed to have occurred. Effect thereof. The debtor bears the burden of proving that the creditor suffered no damage, in which case no compensation is awarded, or of proving that the agreed assessment thereof is excessive or that the obligation was partially performed, in which case a reduction is ordered.