Kuwait Court of Cassation principle number 2940

The contracting parties' failure to agree that the earnest money was paid to confirm what was established in the contracting. Its implication. Each party to the contract has the option to withdraw from it. The effect thereof. - Failure of the agreement or custom to specify a period for exercising the option to withdraw from the contracting. Its implication. This option remains until the contracting party confirms the subsistence of the contract. One contracting party's failure to perform its obligations or delay in doing so for a period exceeding the customary period. The other contracting party may regard this as withdrawal from the contracting. The challenged judgment's departure from this and its inference, from the appellant's leasing of the disputed premises, that she had withdrawn from the earnest money, although the leasing was completed more than four months before the expiry of the period specified for the respondent to attend to conclude the contract. An error in the application of the law and defective reasoning requiring its cassation.