Kuwait Court of Cassation principle number 4074

The lessee's obligation to return the leased property upon expiry of the lease in the condition in which he received it. Breach thereof. His obligation to pay compensation unless the destruction of or damage to the leased property was due to an extraneous cause and without negligence on his part. - The lessee's liability for damage to or destruction of the leased property. Presumed liability. Its import. The mere existence of damage or destruction in the leased property. A presumption that it occurred through the lessee's fault unless he proves the absence of his fault and that, in caring for and preserving it, he exercised the care of an ordinary person, unless stricter liability was agreed upon. - 752 - Obligation - The lessee's liability in preserving the leased property. Extends to the acts of his subordinates and is not negated unless he proves an extraneous cause. Proof that he exercised due care in supervising those subordinates is insufficient. The reason. The nature of his obligation: an obligation to achieve a result, not to exercise care.