Kuwait Court of Cassation principle number 2699

A difference in the category of the goods agreed upon with the seller. Reference in this regard is to the agreement concluded between the parties or to commercial custom. - The Commercial Code’s provisions on commercial sales containing no statement of what is meant by the description of the thing sold. Its implication. Recourse to the provisions governing it in the Civil Code. - The description of the thing sold in the Civil Code. Its meaning. The degree of quality of the goods. Its rule. If the contracting parties have not specified the degree of quality of the thing constituting the subject of the obligation, a thing of average grade shall be provided. - The obligation that the thing sold should not lack the stipulated description, as regulated by the Civil Code. Its implication and rule are that the default rule in sales is the seller’s obligation to deliver the thing sold with the description agreed upon in the contract.