Kuwait Court of Cassation principle number 2804

The defect warranted against by the seller. Its nature. - A latent defect is a defect that is not apparent upon an ordinary inspection of the thing sold and varies according to the thing sold. The standard for identifying that defect. An objective standard. The judge of merits has authority to assess it. - The buyer’s receipt of the thing sold, even if defective. Does not constitute acceptance of that defect. The rationale therefor. The buyer’s discovery of a defect warranted against by the seller obliges him to notify the seller thereof. - Assessment of the period within which the seller is notified of the defect. For the judge of merits. - Permissibility of notifying the seller of a latent defect by any means, even orally. Such notification may be proved by all means of proof. The rationale therefor. An example concerning notification of a latent defect in a car.