Kuwait Court of Cassation principle number 2536

A contracting party’s right to seek rescission based on the other contracting party’s default. Its condition: that he has performed his obligation or demonstrated his readiness to perform it. Breach by each contracting party of his obligations. Its effect. Neither may seek rescission. - The challenged judgment’s rescission of the contract against the appellant for failure to fulfil her obligation without examining her defence that the respondent breached his obligation towards her. Inadequate reasoning and an error in the application of the law.