Kuwait Court of Cassation principle number 2320

An administrative contract concluded by public tender. How it is formed. The contractual relationship therein. What determines it. Preliminary discussions and negotiations fall outside that relationship. The reason for this. - Contractual obligations in private-law contracts. Their performance. Its difference from the pattern of performance in administrative contracts. The reason: administrative contracts primarily pursue the public interest and include sanctions suited to their nature to meet the needs of public utilities. - Invoking the doctrine of supervening circumstances as justification for refraining from performing obligations arising from an administrative contract. Impermissible. So long as performance remains possible and so long as the circumstance has not become force majeure. - 430 - Obligation