Kuwait Court of Cassation principle number 1516

The lessee’s obligation to exercise the care of an ordinary person in using and preserving the leased property and returning it in the condition in which he received it, except for any destruction or damage it sustained without fault for which he is liable. Not a mandatory rule. It is permissible to agree to mitigate or intensify that obligation. Even if the destruction arose from force - 287 - Obligation majeure or an external cause, since this constitutes a form of insurance against it. The challenged judgment’s adherence to this view. Correct in law. The criticism of it for flawed inference is unfounded.