Kuwait Court of Cassation principle number 2291

The doctrine of unforeseen circumstances. The prerequisite for its application: performance of the debtor’s obligation must, as a result of the unforeseen event, become severely onerous for him, exceeding capacity and causing him an unusual loss that overturns the economics of the contract. A reduction in profit or loss of gain does not suffice to apply this doctrine. Article 198 Civil Code. - 425 - Obligation - Loss of gain and the extent of loss. The court assesses them in relation to the transaction that is the subject of the contract, without regard to the debtor’s person and circumstances. Action for the validity of contracting: