Kuwait Court of Cassation principle number 4078

Allowing competing companies to display their products at the association’s central market in violation of the investment contract linking the respondent and the appellant, which was adjudged void. The appellant’s claim for an amount representing the loss it suffered as a result. It does not constitute restoration of the contracting parties to the position they were in upon contracting as an effect of nullity. It is considered a claim for compensation. - 753 - Obligation - Nullity of a contract resulting from the fault of one contracting party while the other contracting party is free from all fault: the latter has the right to compensation for the damage caused to him by the nullity. - Contribution by the person harmed as a result of the contract’s nullity to the risk that led to nullity, or his knowledge of its cause, or his having been required to know it. Its effect. There is no basis for his claim for compensation. An example concerning the appellant’s lack of entitlement to claim compensation resulting from the contract’s nullity because it contributed to its nullity.