Kuwait Court of Cassation principle number 2800

Contracts binding on both parties. Failure by one contracting party to perform his obligation. Its implication. The other contracting party may, after formally putting him in default, request the judge to rescind the contract. Assessment of the justifications for rescission and the sufficiency or insufficiency of its grounds. A matter for the trial court. Provided it is reasonable. - A defect warranted against by the seller. Its condition. It must be material and latent. - A latent defect. Its nature and the criterion for determining it. - Assessment of whether the defect is so serious that, had the purchaser known of it, he would not have proceeded with the purchase. A matter of fact for the trial judge, who may adopt the appointed expert’s report whenever satisfied with it.