Kuwait Court of Cassation principle number 1483

The price is an essential element of a sale. It must be determined or determinable for the sale to be concluded. It is sufficient to state suitable bases for its assessment or to make it determinable by stating them, or to authorise a third party to determine it. Failure thereof. Its effect. Nullity of the sale. The condition for this: that neither the agreement nor the circumstances disclose the contracting parties’ intention to deal at the price current between them or at the market price. Article 459, Civil Code. - Mere inequality of exchange, without its being the result of a defect of consent. Has no effect on the contract unless evidence to the contrary is established. Its consequence. Whoever alleges absence or unlawfulness of cause must prove it. Its implication. Failure to state the cause of the obligation in the contract does not invalidate it.