Kuwait Court of Cassation principle number 3470

The rules of unjust enrichment. Their application to commercial and non-commercial relations. - The proposition that where a contractual relationship exists between the parties to the dispute, an unjust-enrichment action cannot arise. The limits and scope of this rule. If delivery of the thing not due was made outside the scope of the contract, even on the occasion of its performance, it lacks a legal basis, and the provisions of the contract do not apply unless the obligation to make restitution is required under the contract. An example. - Whoever receives a thing to which he is not entitled is obliged to return it. Whether the absence of entitlement is attributable to a factual matter or a legal consideration. It is immaterial. - Receipt of what is not due. As a general rule, it suffices to impose the obligation of restitution on the recipient.