Kuwait Court of Cassation principle number 2698

Absence of the agreed description in the thing sold. Its effect. The purchaser's option between rescinding the contract or maintaining it, with compensation in either case. - 498 - Obligation - The mere absence, at the time of delivery, of the quality warranted by the seller to the purchaser in the thing sold. Gives rise to the seller's warranty liability. It need not be material or latent. Whether or not the purchaser knew of its absence. Whether or not he could ascertain its absence.