Kuwait Court of Cassation principle number 1698

The contracting parties’ prior agreement on the amount of compensation due to the creditor for the debtor’s breach of his obligation, whether in the contract or a subsequent agreement. Permissibility of agreeing on the assessment of compensation arising from a source other than contract, such as an unlawful act. - 332 - Obligation - The contracting parties’ fixing the amount of compensation for rescission of the contract. The liability resulting from rescission of the contract is tortious liability.