Kuwait Court of Cassation principle number 1540

A difference in the type of goods agreed upon with the seller. Reference in this regard is to the agreement concluded between the parties or to commercial custom. - 292 - Obligation - The Commercial Code's lack, concerning commercial sales, of an explanation of what is meant by the description of the thing sold. Its consequence. Recourse to the Civil Code's regulation thereof. - Description of the thing sold in 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 that is the subject matter of the obligation, a thing of medium grade shall be provided. - The obligation that the thing sold not lack the description, as regulated by the Civil Code. Its import and rule are that the general rule in sales is the seller's obligation to deliver the thing sold with the description agreed upon in the contract.