Kuwait Court of Cassation principle number 3454

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 it may have sustained without fault for which he is liable. Is not a mandatory rule. The implication of this. It is permissible to agree to lessen or increase that obligation even if the destruction of or damage to the leased property arises from force majeure or an external cause. The purport of this. The debtor's failure to perform his obligation, whether he undertook to achieve a result or to exercise care. Its effect. Contractual liability arises 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. Determining whether or not it exists and assessing compensation to redress it. Falls within the authority of the court of merits, which may, for this purpose, adopt the expert's report. The condition for this. - 681 - Contract for work Contract for work