Citation(s) [1992] 4 All ER 955 | ||
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Court Court of Appeal of England and Wales Similar Barclays Bank plc v O'Brien, National Westminster Bank plc, Lloyds Bank Ltd v Bundy, Bank of Montreal v Stuart, Tate v Williamson | ||
Bank of Credit and Commerce International SA v Aboody [1992] 4 All ER 955 is an English contract law case relating to undue influence.
Contents
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).
References
Bank of Credit and Commerce International SA v Aboody Wikipedia(Text) CC BY-SA