Kuwait Court of Cassation principle number 412

The administration's liability for administrative decisions. Its basis. Fault consisting in issuing an unlawful administrative decision. - Inferring the fault giving rise to the administrative authority's liability. A question of fact for the trial court. Its condition. - The price taken into account by the Central Tenders Committee in submitted bids. The determining factor therein. The total bid price 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 arithmetic error understating the total price relative to its components and exceeding five per cent of the total price. The Committee may exclude it, so long as it has not decided, by unanimous vote of its members present, to accept this bid despite its defect in consideration of the public interest. The judgment's departure therefrom and its annulment of the administrative authority's decision on the basis that the submitted bid met the conditions. A violation of the law and an error in its application requiring its cassation.