Kuwait Court of Cassation principle number 2542

A claim for rescission based on the default of one contracting party is not a right of the other contracting party unless he has performed his obligation or demonstrated his readiness to perform it. The challenged judgment's departure from this view vitiates it for contravening the correct application of the law and requires its reversal. Example of the absence, in law, of a right to seek rescission or to invoke the appellant's failure to perform what he undertook.