Kuwait Court of Cassation principle number 1147

Administrative contracts. They must be performed in a manner consistent with the requirements of good faith. Their distinctive character is based on the needs of the public service whose operation the contract seeks to ensure. Giving precedence to the public interest over individuals’ private interests. Its import. The administrative authority may impose the penalties stipulated in the contract of its own motion, without being obliged to prove that harm occurred, as it is responsible for the proper functioning of the public service and for implementing the contract’s terms. It may exempt the contracting party from all or some of those sanctions if it considers there are grounds for doing so. The contracting party is discharged from all liability if the administrative authority caused the delay in performance of the obligation or if it resulted from force majeure.