Kuwait Court of Cassation principle number 1736

Assessing a contracting party's breach of his obligation giving rise to contractual liability, ascertaining the facts of the action, and assessing evidence and experts' work. Within the authority of the court of merits. It is not bound by the expert's opinion and may adopt it when satisfied with it or reject it wholly or partly. The reason for that. - 339 - Obligation - Regarding an incident as force majeure relieving the debtor of liability. Its condition. It must be unforeseeable and impossible to avert. - Assessment of evidence of the existence of force majeure. A matter of fact.