Kuwait Court of Cassation principle number 311

A difference in the type of goods agreed upon with the seller. The reference in this regard is the agreement concluded between the parties or commercial custom. - The absence from the Commercial Code, concerning commercial sales, of a statement of what is meant by the description of the thing sold. Its implication. Recourse to the provisions governing it in the Civil Code. - Description of the thing sold in the Civil Code. Its meaning. The degree of quality of the goods. Its rule. If the contracting parties do not specify the degree of quality of the thing constituting the subject matter of the obligation, he shall provide a thing of average quality. - The obligation that the thing sold not lack the stipulated description, as regulated by the Civil Code. Its implication and rule are that the general rule in sales is the seller's obligation to deliver. The thing sold with the description agreed upon in the contract.