Kuwait Court of Cassation principle number 2316

The doctrine of unforeseen circumstances. Conditions for its application. The occurrence of a grave loss to the contracting party exceeding the customary limits of dealings and resulting in a serious disruption of the economics of the contract. The criterion of loss. Objective. Assessment of loss. Within the exclusive province of the court of merits. No grounds for seeking compensation on its basis if the loss is slight relative to the total value of the contract. Example.