Kuwait Court of Cassation principle number 1805

Performance by providing the very thing due is the general rule. The exception. The creditor's consent to performance otherwise. Its effect. The debtor may perform accordingly and is thereby discharged from the debt. - The appellant's tender to the respondent of a cheque for the down payment on the property's price, the latter's refusal of it, and its deposit for the latter's account with the Enforcement Department. The judgment's failure to give effect to that and its consideration of it as discharging the appellant, while requiring payment in cash contrary to Article 405 of the Civil Code. An error in the application of law.