Yes. As a rule, the offeror may withdraw the offer as long as acceptance has not yet attached to it (art. 41). However, if you set a deadline for acceptance, or the circumstances or nature of the transaction require a period, the offer stays open for that period and lapses when it passes (art. 41).
An offer also lapses in other cases:
- By death or loss of capacity of the offeror or offeree (art. 42).
- If made in the contract session without a stated acceptance deadline, each party has the option until the session ends; if it ends without acceptance, the offer is deemed rejected (art. 46).
- For an offer by correspondence, it remains open for the period the offeror fixes; if none is fixed, the offeror must keep it open for the time circumstances require for it to arrive, be considered, and for acceptance to return, lapsing if acceptance does not arrive within a reasonable period (art. 48).
Remember that the contract is concluded once offer and acceptance attach (art. 32), after which it binds both parties with no withdrawal (art. 47).
This is general legal information, not legal advice. For advice on your specific situation, consult a lawyer licensed in Kuwait.
Was this helpful?