BCCI_v_Aboody

<i>Bank of Credit and Commerce International S.A. v Aboody</i>

Bank of Credit and Commerce International S.A. v Aboody

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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.

Quick Facts BCCI SA v Aboody, Court ...

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).

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