Kuwait Court of Cassation principle number 2815

Difference in the kind of goods agreed upon with the seller. The reference in this respect is the agreement concluded between the parties or commercial custom. - The Commercial Code's provisions on commercial sales contain no explanation of what is meant by the description of the thing sold. Its consequence. Recourse to the provisions governing it in the Civil Code. - The description of the thing sold in the Civil Code. Its meaning. The degree of quality of the goods. Its rule. If the contracting parties do not specify the degree of quality of the thing forming the subject of the obligation, a thing of average kind shall be provided. - The obligation that the thing sold not lack the stipulated description, regulated by the Civil Code. Its consequence and rule are that the principle in sales is the seller's obligation to deliver. The thing sold with the description agreed upon in the contract.