Kuwait Court of Cassation principle number 1943

The principle is the contracting parties' freedom to modify the rules of contractual liability. Its criterion. - A provision in an insurance contract excluding the insurance company's liability for compensation if the insured violates a condition therein prohibiting exceeding the speed limit permitted by the Traffic Department. A reasonable restriction. - Where the condition is expressed in general, absolute terms, it may not be restricted or its generality qualified without a qualifying basis. Example concerning an insurance contract. - Violation of the agreed condition mitigating the insurer's liability. Effect. The insurer's right of recourse against the insured for the compensation paid.