Kuwait Court of Cassation principle number 853

The subject matter of agency. Its nature. A legal act that may entail carrying out material acts considered ancillary to it and not constituting an obligation for a sum of money. Its consequence. No default interest is due in respect thereof. The reason for this: entitlement to interest requires that the subject matter of the obligation be a sum of money. The permissibility therein of agreeing in advance on the assessment of - 165 - Obligation compensation for breach of the obligation; the judge has absolute discretion in its assessment and may reduce it to a level proportionate to the assessment of the damage sustained by the creditor.