Kuwait Court of Cassation principle number 3072

A creditor whose request for rescission of his contract has been granted may claim compensation from the debtor. Condition thereof. - The contract after its rescission. Cannot serve as a basis for compensation. - The liability remaining after rescission of the contract is tortious liability for which the contracting parties fixed the amount of compensation by a penalty clause. Consequence thereof: the penalty clause is not confined to contractual liability. It also encompasses tortious liability. - Inferring the existence of damage and assessing the compensation that makes it good. Within the authority of the trial judge. Condition thereof. - 599 - Sale - Rescission of the contract. Its effect. Treating it as though it had never existed and restoring the contracting parties to the position they occupied upon its conclusion. Article 211, Civil Code. Example.