Kuwait Court of Cassation principle number 2262

Assessing a contracting party’s breach of obligation giving rise to contractual liability, determining 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 in whole or in part. The reason for this. - Treating an event as force majeure relieving the debtor of liability. Its condition. That it be impossible to foresee and impossible to avert. - Assessing evidence of the existence of force majeure. A matter of fact. - 420 - Obligation