Kuwait Court of Cassation principle number 2412

The original principal’s authorisation of his agent to sell the real estate to himself and to appoint another agent for that purpose. The agency is deemed a remunerated agency and one in the agent’s interest. Inclusion in the agency contract of a condition obligating the agent to sell at the appropriate price, namely the market price at the time of the disposition. The sub-agent’s sale of the real estate to himself at a price below the market price and the agent’s receipt of the price. Its effect. The sub-agent’s liability to the original principal arises from the direct action. The agent’s liability for his personal fault in negligently supervising and directing his sub-agent. The implication thereof. Both are obligated to compensate the original principal. - 453 - Procedure