Kuwait Court of Cassation principle number 2388

Rescission of a contract binding on both parties. Its condition. The party seeking rescission must not be in default in performing his obligation, and the other party's failure must be attributable to his default and not to the exercise of a lawful right. Articles 172 and 174 of the former Commercial Law. - Assessment of the sufficiency or insufficiency of the grounds for rescission and the negation or establishment of default by the party seeking rescission. The court of merits independently undertakes it.