Kuwait Court of Cassation principle number 4161

Entitlement to the earnest money of the contracting party against whom withdrawal occurred. It is not compensation for damage but consideration for the other party's exercise of the option to withdraw. - A party contracting with earnest money upon withdrawing from the contract. He does not breach an obligation but exercises an established right. The reason: lawful permission is incompatible with liability. Articles 74, 75, 77/1 of the Civil Code. - Ascertaining the contracting parties' intention from the circumstances and facts of the action. Within the power of the judge of merits. An example concerning withdrawal from a sale contract.