Kuwait Court of Cassation principle number 1667

The lessor is obligated to enable the lessee to enjoy the leased property in a condition fit for the entirety of the intended enjoyment. The lessor's breach of this obligation gives the lessee the right to seek rescission of the contract or reduction of the rent commensurate with the diminution of enjoyment. - A bilateral contract. One contracting party's failure to fulfill its obligation. Its effect. The other contracting party may seek its rescission after serving formal notice on the former. Article 209, Civil Code. - Assessment of the grounds for rescinding the contract and identification of the defaulting party or negation of default. Within the power of the court of fact. The condition thereof. It is not obliged to follow the litigants through their various statements and lines of defense. An implicit response suffices. Example.