Kuwait Court of Cassation principle number 3316

The lessee's obligation to return the leased property upon termination of the lease in the condition in which he received it. His breach of this. His obligation to pay compensation unless the destruction of or damage to the leased property resulted from an external cause and without fault on his part. - The lessee's liability for damage to or destruction of the leased property. Presumed liability. The implication of this. The mere existence of damage or destruction in the leased property. A presumption that it occurred through the lessee's fault unless he proves the absence of fault on his part and that he exercised the care of an ordinary person in caring for and preserving it, unless stricter liability has been agreed upon. - The lessee's liability for preserving the leased property. Extends to the acts of his subordinates and is not negated unless he proves an external cause. His proving that he exercised due care in supervising those subordinates is insufficient. The reason for this. The nature of his obligation: an obligation to achieve a result, not to exercise care. - 651 - Lease