Kuwait Court of Cassation principle number 2321

The doctrine of unforeseen circumstances. Scope and condition of its application. That performance of the debtor’s obligation, as a result of the unforeseen event, be severely onerous and exceed his capacity, causing him a heavy loss exceeding the loss customary in dealings upon performance, so that the economics of the contract are overturned and it is gravely disrupted. Mere diminution of profit or loss of gain. Insufficient to apply the doctrine. - Assessment of the extent of the loss and its calculation. Its basis. An objective standard. Within the independent discretion of the court of merits.