Kuwait Court of Cassation principle number 6

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 any destruction or damage it may have sustained without fault for which he is answerable. Not among the mandatory rules. The import of this. It is permissible to agree to mitigate or intensify that obligation even if the destruction of or damage to the leased property arises from force majeure or an external cause. The implication of this. The debtor's failure to perform his obligation, whether he undertook an obligation to achieve a result or to exercise care. Its effect. Establishment of contractual liability and holding him liable for compensation. - The debtor's failure to perform his contractual obligation. Fault giving rise to liability.