Kuwait Court of Cassation principle number 2844

A contracting party’s right to refrain from performing its obligation if the other contracting party does not perform what it undertook. A general rule applicable to both parties to a works contract. - 528 - Obligation - The employer’s defence that the contractor breached his obligation. Its implication is that the contractor is not entitled to remuneration. The judgment’s characterisation of this defence as a plea of statutory set-off. An error.