Kuwait Court of Cassation principle number 2481

Rescission of a contract binding on both parties. Its condition. The party seeking rescission must not be in default in performing its obligation, and the other party’s failure must be attributable to its default and not to the exercise of a lawful right. Articles 172 and 174 of the former Commercial Code. - Assessing the sufficiency or insufficiency of the grounds for rescission and negating or establishing default by the party seeking rescission. Independently determined by the trial court.