Kuwait Court of Cassation principle number 2811

A defect warranted against by the seller. Its nature. - A latent defect is a defect that does not appear upon ordinary examination of the thing sold and varies according to the thing sold. The standard for identifying that defect. An objective standard. The trial judge has authority to assess it. - 545 - Sale - The purchaser’s receipt of the thing sold, even if defective. The purchaser is not deemed to have accepted that defect. The reason for this. Discovery by the purchaser of a defect warranted against by the seller requires the purchaser to notify the seller thereof. - Assessment of the period within which the seller is notified of the defect. For the trial judge. - The seller may be notified of a latent defect by any means, even orally. Such notification may be established by all means of proof. The reason for this.