Kuwait Court of Cassation principle number 279

The appellant's insistence that the two respondents be ordered to return what they received without right because they failed to perform their obligation to sign the sale contract, thereby enriching themselves without lawful cause at his expense. Establishment of the contract's absolute nullity because it included a contract for sale of a business not embodied in an official instrument. The challenged judgment's dismissal of the action on the ground that the rules of enrichment cannot be applied owing to the existence of a contractual relationship. An error in applying the law that prevented it from assigning the action its correct legal characterization. - 56 - Commercial