Kuwait Court of Cassation principle number 3063

A contracting party's right to seek rescission based on the other contracting party's default. Its condition: that he has performed his obligation or demonstrated his readiness to perform it. Both contracting parties' breach of their obligations. Its effect. Neither may seek rescission. - 597 - Sale - The challenged judgment's ruling rescinding the contract against the appellant for her failure to perform her obligation without examining her defence that the respondent had breached his obligation towards her. Inadequacy of reasoning and an error in the application of the law.