Kuwait Court of Cassation principle number 3073

A request to rescind a contract binding on both parties because one contracting party has failed to perform his obligation. Its condition: that the applicant be ready to perform his obligation and capable of restoring the original position if rescission is ordered. Assessment of the justifications for rescission and the sufficiency or insufficiency of its grounds, determination of the party in default under the contract or negation of such default, and the contracting party's performance of his obligation. Matters of fact. An example of reasonable reasoning for rejecting the appellant's request to rescind the contract based on the respondent's failure to pay the balance of the price, owing to the applicant's failure to perform his reciprocal obligation.