Kuwait Court of Cassation principle number 1951

Force majeure occurring during the period specified for performance of the obligation. It is considered an unforeseen circumstance rendering performance impossible and extinguishing the debtor’s obligation without his bearing the consequences of non-performance. - 370 - Obligation - Temporary impossibility. Its effect. It is limited to suspending performance of the obligation until it becomes capable of performance and does not lead to its extinction. Conditions therefor. - The bank’s obligation towards the beneficiary under a letter of guarantee. Limited by the validity period of the letter or its renewal period. Its extinction by force majeure rendering its performance impossible at the end of its term. Suspension of the validity period of the letter throughout the duration of force majeure. Its incompatibility with the purpose for which the obligation was created.