Kuwait Court of Cassation principle number 3309

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 destruction or damage occurring without fault for which he is answerable. Not a mandatory rule. Agreement to mitigate or intensify that obligation is permissible. Even if the destruction arises from force majeure or an external cause, as this constitutes a form of insurance against it. The challenged judgment’s adherence to this view. Correct in law. The challenge to it alleging unsound inference is unfounded.