BCCI V Aboody
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''Bank of Credit and Commerce International S.A. v Aboody''
992 Year 992 ( CMXCII) was a leap year starting on Friday of the Julian calendar. Events By place Worldwide * Winter – A superflare from the sun causes an Aurora Borealis, with visibility as far south as Germany and Korea. Euro ...
4 All ER 955 is an
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...
case relating to
undue influence Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person ...
.


Facts

Mrs. Aboody signed a document making a charge over the family home in favour of
Bank of Credit and Commerce International The Bank of Credit and Commerce International was an international bank founded in 1972 by Agha Hasan Abedi, a Pakistani financier. The bank was registered in Luxembourg with head offices in Karachi and London. A decade after opening, BCCI had ...
, 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 "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 The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
in .


See also

{{Caselist undue influence *
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...
*
Undue influence in English law Undue influence in English law is a field of English contract law, contract law and English property law, property law whereby a transaction may be set aside if it was procured by the influence exerted by one person on another, such that the tra ...
*
Iniquitous pressure in English law Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of voluntary (or consensual) obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining p ...
*''
Lloyds Bank Ltd v Bundy ''Lloyds Bank Ltd v Bundy'' is a decision of the English Court of Appeal in English contract law, dealing with undue influence. One of the three judges hearing the case, Lord Denning MR, advanced the argument that under English law, all impairmen ...
''
975 Year 975 ( CMLXXV) was a common year starting on Friday of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor John I raids Mesopotamia and invades Syria, using the Byzantine base at Antioch to pres ...
QB 326 *''
Williams v. Walker-Thomas Furniture Co. ''Williams v. Walker-Thomas Furniture Co.'', 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contrac ...
'' 350 F.2d 445 (
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
, 1965) English unconscionability case law 1992 in United Kingdom case law