Kuwait Court of Cassation principle number 3589

Agency, whether general or special. The rule is that it confers capacity on the agent only to undertake the matters specified therein. The agent’s obligation to submit a detailed account of all its activities supported by documents. This obligation is not extinguished except by exemption from the principal or where the nature of the transaction or the circumstances require such exemption. The agent bears the burden of proving those circumstances. The trial court may infer them without review. - The female appellant’s contention that she handed over the sums she withdrew from the respondent’s account before she officially learned of the revocation of the power of attorney, and that the marital relationship subsisted at the time of withdrawal, constituting an impediment to submitting a statement of account and a - 703 - Agency moral impediment to obtaining written evidence of his receipt of those sums. The judgment ordering her to pay the sum she withdrew without ascertaining her knowledge of the termination of the agency. This vitiates it and necessitates its cassation.