Kuwait Court of Cassation principle number 2797

A latent defect. Its nature. Its variation according to the thing sold. The standard for identifying the defect is objective, not subjective. After receiving the thing sold and upon the appearance of a defect that could not be detected by ordinary inspection, the purchaser may promptly notify the seller thereof within the period customary in dealings. The reason for this. The judge of merits has exclusive authority to assess the standard of the defect and the period within which notification is given, as both are questions of fact. Articles 491, 492 of the Civil Code.