Kuwait Court of Cassation principle number 2363

The doctrine of unforeseen circumstances. The condition for its application: performance of the debtor's obligation must, as a result of the unforeseen event, become severely onerous beyond capacity and cause him an unusual loss overturning the economics of the contract. Reduced profit or loss of earnings is insufficient to apply this doctrine. Article 198 Civil Code. - Loss of earnings and the extent of loss. The court assesses them in relation to the transaction forming the subject matter of the contract, without regard to the debtor personally or his circumstances. - Amendment of the contract:-