Kuwait Court of Cassation principle number 1195

The doctrine of exceptional circumstances. Conditions for its application. And its effect on the obligation. The authority it gives the judge, at the debtor’s request, to reduce the onerous obligation to a reasonable level. The exceptional event required for application of the doctrine of exceptional circumstances. Its criterion. The standard of the ordinary person in the debtor’s circumstances at the time of contracting, irrespective of whether the debtor actually anticipated the event. - Hardship threatening the debtor with an exorbitant loss. Its criterion. - Assessment of whether the exceptional event was foreseeable or unforeseeable, its impact on the transaction, and whether performance of the obligation has become onerous. Within the trial court’s authority, provided its assessment is reasonable. - 228 - Obligation