Kuwait Court of Cassation principle number 2727

The buyer’s action seeking compensation for non-performance of the seller’s obligation to deliver the thing sold at the time and place specified therefor. The judgment’s reliance, in rejecting the claim for compensation for the buyer’s lost profit, merely on not being satisfied that evidence of the market price at the time and place of delivery was available, which amounts, in its result, to the absence of a market at that place. Its failure to attempt, in that event, to refer to the market price at the place whose prices custom dictates should prevail. Error and deficient reasoning. The reason therefor.