Kuwait Court of Cassation principle number 3020

The seller’s obligation to deliver the thing sold. An obligation to achieve a result, since it derives from his obligation to transfer ownership. Its effect. The risk of loss before delivery falls upon the seller, even if the purchaser had become its owner before its loss, so long as he had not received it. - Whether or not the purchaser received the thing sold. A matter of fact within the independent discretion of the trial judge. The condition therefor. An example. Rescission of the sale contract: