Kuwait Court of Cassation principle number 2348

The doctrine of unforeseen circumstances. The criterion for its application: performance of the debtor's obligation must, as a result of the unforeseen event, become excessively onerous beyond capacity and cause an unusual loss overturning the economics of the contract. Reduced profit or lost gain is insufficient to apply this doctrine. Article 198, Civil Code. - Lost gain and the extent of loss. The court assesses them in relation to the transaction forming the subject of the contract, without regard to the debtor's person and circumstances. The doctrine of act of the sovereign: