Kuwait Court of Cassation principle number 638

Administrative contracts. They must be performed in a manner consistent with the requirements of good faith. Their distinctive character is premised on the needs of the public service whose operation the contract seeks to secure. Giving precedence to the public interest over individuals’ private interests. The implication thereof. The administrative authority may impose the fines stipulated in the contract on its own initiative, without being required to prove that damage has occurred, as it is responsible for the proper operation of the public service and for implementing the terms of the contract. It may exempt the contracting party from all or some of those penalties if it considers there are grounds for doing so. The contracting party is absolved of all liability if the administrative authority caused the delay in performance of the obligation or if it is attributable to force majeure.