Bank of Credit and Commerce International S.A. v Aboody
 |
| BCCI SA v Aboody | |
|---|---|
| Court | Court of Appeal |
| Full case name | Bank of Credit and Commerce International Société Anonyme v. Aboody and another |
| Citation | [1992] 4 All ER 955 |
| Case opinions | |
| Slade LJ | |
| Keywords | |
| Undue influence | |
Bank of Credit and Commerce International S.A. v Aboody [1992] 4 All ER 955 is an English contract law case relating to undue influence.
Facts
[edit]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
[edit]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.
This requirement was subsequently overruled by the House of Lords in CIBC Mortgages plc v Pitt [1993] UKHL 7 (21 October 1993).