Kuwait Court of Cassation principle number 1365

A request for specific performance and performance by way of compensation. Two branches that divide between them the performance of the debtor's obligation and are equivalent in value. The consequence thereof. A request for specific performance implicitly includes a request for performance by way of compensation if the former is impossible, because they are identical in subject matter and each is subsumed within the other. The effect thereof. The purchaser's insistence on a claim for compensation if specific performance is impossible, even for the first time before the appellate court, is not a new claim. Contravention thereof: vitiates the judgment and requires its partial cassation. Second: In terms of its parties: - The parties to the action:-