Kuwait Court of Cassation principle number 1192

Performance of the contract shall be in accordance with its contents and consistently with good faith and honorable dealing. - Reciprocal obligations in a contract binding on both parties. Due for performance at the same time. The effect thereof. Each contracting party may refrain from fulfilling his obligation if the other contracting party refrains, unless otherwise agreed or custom dictates otherwise. - The defense of nonperformance. Its nature and scope. - The debtor’s nonperformance of his contractual obligation. A fault giving rise to his liability unless he proves that nonperformance is attributable to force majeure, an extraneous cause or the other contracting party’s fault. - 227 - Obligation - Determining which party breached his contractual obligation, assessing the expert’s work and weighing the evidence. Within the authority of the court of merits. The condition therefor.