Kuwait Court of Cassation principle number 2559

Including in an administrative contract the sanction of rescission for breach of the obligations arising from it. This reiterates the general rule on rescission, under which this measure occurs for failure by either party to perform his contractual obligation. Assessing the justifications for rescission and the sufficiency or insufficiency of its grounds, identifying the defaulting party to the contract or negating default on his part, and the contracting party’s performance of his obligation. For the court of merits. The reason therefor. - Contractual fault means the breach by the party contracting with the administrative authority of his obligations imposed by the contract’s provisions. - 472 - Obligation The administration’s setting a date for performance of the contract. Its meaning: in its capacity as custodian of the public service, it determined that performance should occur on that date and in good faith between its parties.