Kuwait Court of Cassation principle number 3060

Failure of one contracting party in a contract binding on both parties to perform his obligation when it falls due. The other contracting party may, after formally placing him in default, ask the judge to rescind the contract. - Assessing the justifications for rescission and whether its grounds are sufficient, identifying the party in default under the contract, and negating such default on his part. A factual matter for the trial court. Its condition. - Rescission of the contract. Its consequence. Restoring the contracting parties to the position they occupied before contracting. Implication thereof. Retention of the price by the seller after rescission is without legal basis.