Kuwait Court of Cassation principle number 2484

One contracting party’s breach of his obligation under a contract binding on both parties. Its effect. The other contracting party’s right to seek judicial rescission. - Bringing an action seeking rescission. It includes formal notice thereof. An example concerning a sale. - Assessing the justifications for rescission and the sufficiency or insufficiency of its grounds, identifying the party in default or negating default on his part, and the extent of performance of the obligation. Questions of fact exclusively for the court of merits. - 458 - Obligation