Kuwait Court of Cassation principle number 1265

A sale contract. A consensual contract requiring no special form. It is completed merely by the exchange of two matching expressions of intention. - Contracts binding on both parties. One contracting party’s failure to fulfil his obligation. Its consequence. The other contracting party may, after formally putting him in default, request the judge to rescind the contract. Assessment of the grounds for rescission and the sufficiency or insufficiency of its reasons. A matter of fact, provided it is reasonable. - The defect warranted against by the seller. Its condition. That it be material and latent. - A latent defect. Its meaning and the criterion for identifying it. - Assessment of whether the defect was so serious that, had the purchaser known of it, he would not have proceeded with the purchase. A factual matter for the judge of the merits, who may adopt the appointed expert’s report whenever satisfied with it.