Kuwait Court of Cassation principle number 3147

A claim for specific performance and performance by way of compensation. Two equivalent branches of performance of the debtor's obligation. Its implication. A claim for specific performance implicitly includes a claim for performance by way of compensation if the former is impossible, because they share the same subject matter and each falls within the other. Its effect. The purchaser's insistence on compensation where specific performance is impossible, even for the first time before the Court of Appeal, does not constitute a new claim. Contravention of this: vitiates the judgment and requires its partial cassation. 2- Grounds of defence:-