Bank of Credit and Commerce International SA v Aboody

Bank of Credit and Commerce International SA v Aboody [1992] 4 All ER 955 is an English contract law case relating to undue influence.

BCCI SA v Aboody
CourtCourt of Appeal
Full case nameBank of Credit and Commerce International SA v Aboody and Another
Citation(s)[1992] 4 All ER 955
Case opinions
Slade LJ
Keywords
Undue influence

Facts

Mrs Aboody signed a document making a charge over the family home in favour of Bank of Credit and Commerce International, to secure her husband’s borrowing for his company. Mr Aboody had bullied her, and she had signed to get some peace.

Judgment

Slade LJ held that because of National Westminster Bank plc v Morgan [1985] UKHL 2 "manifest disadvantage" had to be shown even in cases of actual undue influence. The transaction was not manifestly disadvantageous, but this requirement was subsequently overruled in CIBC Mortgages plc v Pitt [1993] UKHL 7 (21 October 1993).

gollark: I apparently have to pick a course within a few months before applying to university, and because the English system is so perfect and without flaw™ cannot really do the American thing of studying multiple things and specializing later. Fun!
gollark: Do related things and pick later?
gollark: As you can see, they're very pingy.
gollark: I have no idea what the spikes are, saturated network somewhere or something?
gollark: This is what my ping times look like.

See also

Notes

    References
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