Kuwait Court of Cassation principle number 3738

A person acting as agent for another without having established authority to represent him, either because such authority does not exist or because his disposition exceeds its limits. Its implication. The effects of his disposition in terms of the rights and obligations it creates do not accrue to the principal unless he ratifies it. The reason for this. The person with whom the disposition is made must ascertain the existence and limits of the agency, and if he is remiss in this, he bears the consequences of his omission. The principal's contribution through his fault, whether by omission or commission, to creating an outward appearance capable of misleading a third party and excusing his belief in the existence of the agency and its extension to that disposition, without any omission by the third party in ascertaining the truth. Its effect. The apparent agent is then deemed a representative of the principal. - Determining whether or not apparent agency exists. Is for the court of merits without review. The condition for this.