Kuwait Court of Cassation principle number 2440

Difference in the kind of goods agreed upon with the seller. The reference in this respect is the agreement concluded between the parties or commercial custom. - The Commercial Code's provisions on commercial sales contain no statement of what is meant by the description of the thing sold. Implication. Recourse to the Civil Code's regulation thereof. - Description of the thing sold in the Civil Code. Its meaning. The degree of quality of the goods. Its rule. If the contracting parties have not specified the quality grade of the thing forming the subject of the obligation, a thing of average grade is to be provided. - The obligation that the thing sold not lack the stipulated description, regulated by the Civil Code. Its implication and rule are that the general principle in sales is the seller's obligation to deliver. The thing sold with the description agreed upon in the contract. - 421 - Commercial