Kuwait Court of Cassation principle number 3731

The administration’s liability for administrative decisions. Its basis. Fault consisting in issuing an unlawful administrative decision. - Determining the fault giving rise to the administrative authority’s liability. A matter of fact for the court of merits. Its condition. - The price taken into account by the Central Tenders Committee in submitted bids. What matters is the total price - 687 - Obligation of the bid submitted in the official documents, even if there is an error in calculating the components of this price or in the details of its items, unless the error exceeds the sum of the individual prices and details, in which case the correct sum is taken into account. - An arithmetic understatement in the total price compared with its components, exceeding % of the total price. The committee may exclude it, so long as it has not decided, by unanimous vote of its members present, to accept this bid despite its defect in consideration of the public interest. The judgment’s contravention of this and its annulment of the decision issued by the administrative authority on the basis that the submitted bid met the conditions. A violation of the law and an error in its application requiring its cassation.