Kuwait Court of Cassation principle number 2318

The doctrine of exceptional circumstances. The condition for its application and its effect on the obligation. The power it confers on the judge, at the debtor’s request, to reduce the obligation to a reasonable extent. - The exceptional event necessary for application of the doctrine of exceptional circumstances. Its standard. The standard of an ordinary person in the debtor’s circumstances at the time of contracting, irrespective of whether the debtor actually foresaw the event. - The onerousness threatening the debtor with exorbitant loss. Its criterion. - Assessing whether the exceptional event was foreseeable or unforeseeable, the extent of its effect on the transaction, and whether performance of the obligation has become onerous. Within the authority of the court of merits, provided its assessment is reasonable.