Kuwait Court of Cassation principle number 1829

The administration's liability for administrative decisions. Its criterion. Fault consisting in issuing an unlawful administrative decision. - Inferring the fault giving rise to the administrative authority's liability. A matter of fact for the court of merits. Its condition. - 526 - Administrative - The price taken into account by the Central Tenders Committee in submitted bids. What matters is the total price of the bid submitted in the official documents, even if there is an error in calculating the components of that price or in the details of its items, unless the error exceeds the sum of the individual prices and details, in which case the correct total is taken into account. - An arithmetical error understating the total price as compared with the components and exceeding it by % of the total price. The committee may exclude it provided that it has not decided, by the unanimous opinion of its members present, to accept that bid despite its defect, in consideration of the public interest. The judgment's contravention of this and its annulment of the decision issued by the administrative authority on the basis that the conditions of the submitted bid were met. A violation of the law and an error in its application requiring its cassation.