Kuwait Court of Cassation principle number 3315

The tenant’s obligation to preserve and care for the leased property. His liability for damage or destruction affecting it is presumed and is lifted only if he proves that the damage or destruction arose from an external cause in which he had no part, such as force majeure, the lessor’s fault, or a defect in the leased property. - The mere existence of damage to or destruction of the leased property. A presumption that it occurred through the tenant’s fault unless he proves the absence of his fault or the external cause. The absence of a statutory provision specifying how the tenant is to establish the absence of his fault. Its effect. Application of the general rule provided in Article 290/1 of the Civil Code. Its implication. The tenant must establish that, in caring for and preserving the leased property, he exercised the care of an ordinary person. The exception. Where otherwise agreed. - Dissolution of the contract. Its effect. Restoration of the contracting parties to the position they were in before the contract. The exception. Contracts of duration, including leases. The reason: time in such contracts is intended for its own sake. Its implication. The effects produced by the contract before rescission remain in place, and the consideration due for that period has the character of rent. An example.