Kuwait Court of Cassation principle number 2946

The agent is obliged to perform what he has undertaken in good faith. His breach of this duty. His purpose must be thwarted. His appropriating for himself something he was appointed to do for his principal’s account. Legally impermissible. - The agent concluding a contract in the principal’s name while exceeding the limits of his agency. The effects of this contract do not extend to the latter unless he ratifies it. - 547 - Obligation - Establishment that the agency contract permits the agent to sell, purchase and mortgage real estate on behalf of the principal. His disposition must be in the principal’s interest and not in his personal interest. His selling the principal’s share in a property to himself without being authorized to do so. This disposition is not effective against the latter unless he ratifies it. Contravention thereof. An error in the application of the law.