Kuwait Court of Cassation principle number 3111

The price is an essential element of sale. It must be fixed or ascertainable for the sale to be concluded. Stating suitable bases for assessing it or making it ascertainable by stating them, or authorizing a third party to determine it, is sufficient. Absence of this. Its effect. Nullity of the sale. The condition for this: that neither the agreement nor the circumstances disclose the contracting parties’ intention to deal at the price current between them or at the market price. Article 459, Civil Code. - Mere inadequacy of consideration, without its resulting from a defect of consent. It has no effect on the contract unless evidence to the contrary is established. Its implication. Whoever alleges absence or unlawfulness of cause must establish evidence thereof. Its import. Failure to state the cause of the obligation in the contract does not render it void.