Kuwait Court of Cassation principle number 3772

Performance by providing the very thing due is the general rule. Exception. The creditor’s agreement to performance by something else. Its effect. The debtor may perform accordingly and is thereby discharged from the debt. - The appellant’s tender of a cheque to the respondent for the down payment on the property price, the latter’s refusal thereof, and its deposit for his account with the Enforcement Department. The judgment’s disregarding this and treating it as not discharging the appellant, requiring payment - 634 - Commercial in cash, contrary to Article 405 of the Civil Code. Misapplication of the law.