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| BCCI SA v Aboody | |
|---|---|
| Court | Court of Appeal |
| Full case name | Bank of Credit and Commerce International Société Anonyme v. Aboody and another |
| Citation | 4 All ER 955 |
| Case opinions | |
| Slade LJ | |
| Keywords | |
| Undue influence | |
Bank of Credit and Commerce International S.A. v Aboody 4 All ER 955 is an English contract law case relating to 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.
This requirement was subsequently overruled by the House of Lords in CIBC Mortgages plc v Pitt [1993] UKHL 7 (21 October 1993).
See also
| Cases on undue influence | |
|---|---|
| Allcard v Skinner (1887) LR 36 Ch D 145 | |
| Williams v Bayley (1866) LR 1 HL 200 | |
| Tate v Williamson (1886) LR 2 Ch App 55 | |
| Bank of Montreal v Stuart AC 120 | |
| Lloyds Bank Ltd v Bundy [1974] EWCA Civ 8 | |
| National Westminster Bank plc v Morgan [1985] UKHL 2 | |
| BCCI v Aboody 4 All ER 955 | |
| CIBC Mortgages plc v Pitt [1993] UKHL 7 | |
| Barclays Bank plc v O'Brien 4 All ER 417 | |
| Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 41 | |
| National Westminster Bank plc v Amin [2002] UKHL 9 | |
| Hammond v Osborn [2002] EWCA Civ 885 | |
| National Commercial Bank of Jamaica v Hew [2003] UKPC 51 | |
| Pesticcio v Huet [2004] EWCA Civ 372 | |
| Thompson v Foy [2009] EWHC 1076 (Ch) | |
| See Undue influence in English law |
- English contract law
- Undue influence in English law
- Iniquitous pressure in English law
- Lloyds Bank Ltd v Bundy QB 326
- Williams v. Walker-Thomas Furniture Co. 350 F.2d 445 (United States Court of Appeals for the District of Columbia Circuit, 1965)