Kuwait Court of Cassation principle number 2812

The seller’s warranty against latent defects and his warranty of the description of the thing sold. The legislature distinguished between them, devoting a special provision to the second, making the contract the basis of the seller’s obligation to warrant the description, rather than treating it as a latent defect. Implication thereof: the short limitation period prescribed for barring an action on the warranty against latent defects does not apply to an action on the warranty of description. - The seller’s obligation to deliver the thing sold with the description agreed in the contract. Absence of this description. The purchaser has the option of rescinding the contract or retaining it, with compensation in either case. This does not require that the missing characteristic be material or latent, or that the purchaser knew or did not know of it, and the seller’s good or bad faith is immaterial. - Ascertaining and understanding the facts, assessing evidence, adopting the expert’s report, and determining whether or not a contracting party is in default. Within the authority of the court of merits. The condition thereof. - The obligation to warrant description: