Kuwait Court of Cassation principle number 3322

The lessee's obligation to exercise the care of an ordinary person in using and preserving the leased property and to return it in the condition in which he received it, except for any loss or damage occurring without fault for which he is responsible. This is not a mandatory rule. Its implication. It is permissible to agree to lessen or increase that obligation, even if the loss - 652 - Lease of, or damage to, the leased property arises from force majeure or an external cause. The import of this. The debtor's failure to perform his obligation, whether an obligation to achieve a result or to exercise care. Its effect. Contractual liability is established and he is liable for compensation. - The debtor's failure to perform his contractual obligation. A fault giving rise to liability. - Damage is an element of liability. Inferring its existence or absence and assessing compensation to redress it. Within the authority of the court of merits, which may adopt the expert's report for that purpose. The condition for this.