Kuwait Court of Cassation principle number 3909

The debtor’s obligation. Its extinction if, after it arises, something occurs that makes its performance impossible due to an external cause such as force majeure. It is immaterial whether the impossibility is legal or factual. The effect of extinction. The creditor does not obtain satisfaction of his right in kind or by an equivalent. - Force majeure by which the debtor’s obligation in contractual liability is extinguished may be a war, a fire, or - 680 - Civil Procedure an earthquake. The condition therefor. It must be impossible to foresee and avert.