Kuwait Court of Cassation principle number 3027

Breach by one contracting party of its obligation under a bilateral contract. Its effect. The other contracting party’s right to seek judicial rescission. - Filing an action seeking rescission. Its inclusion of formal notice thereof. An example concerning a sale. - Assessment of the grounds for rescission and the sufficiency or insufficiency of its reasons, identification of the party in default or negation of default on its part, and the extent of performance of the obligation. Matters of fact independently determined by the court of merits.