Kuwait Court of Cassation principle number 3137

The surety, whether jointly and severally liable or not, may invoke discharge from the debt to the extent of the security allocated for payment of the debt that the creditor may have lost through its fault. The condition thereof. That the surety prove having suffered harm as a result of this fault. Assessment of fault falls within the trial court's authority, provided that its assessment rests on cogent grounds. - 532 - Commercial