Kuwait Court of Cassation principle number 2545

A request to rescind a contract binding on both parties because one contracting party has failed to perform its obligation. Its condition: the applicant must be ready to perform its obligation and capable of restoring the original position if rescission is ordered. Assessing the grounds for rescission and their sufficiency or insufficiency, identifying the party in default under the contract or negating its default, and the contracting party’s performance - 468 - Obligation of its obligation. A matter of fact. An example of sound reasoning for rejecting the appellant’s request to rescind the contract, based on the respondent’s failure to pay the balance of the price, because of the applicant’s default in performing its reciprocal obligation.