Kuwait Court of Cassation principle number 1091

Determining the existence or absence of agency in contracting and the existence of custom. Within the authority of the court of merits. The condition for this is that its judgment be based on sound reasons leading to the conclusion it reached. - 211 - Obligation - The existence of custom. A question of fact. It must be invoked before the court of merits. The burden of proving it. Rests on the party invoking it.