Kuwait Court of Cassation principle number 1529

An obligation whose subject matter is an act or abstention from an act must have a possible subject matter. If it is impossible, the obligation does not arise and the contract is void. - The meaning of impossibility: objective impossibility or absolute impossibility, that is, impossibility of the subject matter of the obligation itself or its impossibility as such, not personal impossibility relating to the debtor himself. It necessarily follows that, if the subject matter of the obligation is possible in itself, the contract is formed even if the debtor himself cannot perform it. - Mistake vitiating consent to contracting. Its condition: connection with the other contracting party. The cases thereof. Reliance on a mistake as to a rule of law concerning matters of contracting is not admissible where that law relates to public order. - Duress invalidating a contract. The criterion for its existence. - Exploitation as a defect of volition. What is required for its existence. - The burden of proving any defect of consent falls on whoever invokes it. Assessment of its existence or non-existence. For the court of the merits. - The contract is the law of the contracting parties. The effect thereof. - 307 - Obligation Scope of the contract: