Kuwait Court of Cassation principle number 2441

Mutual rescission occurs through the express or implied agreement of both parties to eliminate the contract after its conclusion. The reason therefor. The contract is the creation of the contracting parties’ will, and what that will creates it can revoke and eliminate. - Determining whether mutual rescission occurred or did not occur. Within the authority of the court of merits. For that purpose, it may assess the evidence submitted to it and infer from the facts of the action and the litigants’ conduct the presumptions on which it relies - 450 - Obligation in forming its conviction, and may ascertain the meaning of agreements and investigate the common intention of their parties. Its condition. It must base its judgment on sound reasons.