Kuwait Court of Cassation principle number 1057

A difference in the category of goods agreed upon with the seller. Reference in this respect is to the agreement concluded between the parties or to commercial custom. - The Commercial Code’s absence, regarding commercial sales, of a statement of what is meant by the description of the thing sold. Its import. Recourse to the Civil Code’s regulation thereof. - Description of the thing sold under the Civil Code. Its meaning. The degree of quality of the goods. Its rule. If the contracting parties have not specified the quality grade of the thing forming the subject matter of the obligation, a thing of average quality shall be supplied. - The obligation that the thing sold not lack the stipulated description, provided for in the Civil Code. Its import and rule. The basic principle in sales is the seller’s obligation to deliver the thing sold with the description agreed upon in the contract.