Whether a mortgage agreement, executed by a father under the implicit threat of his son's criminal prosecution for forgery, constitutes a contract formed under undue influence and can be held voidable?
A contract entered into under the pressure of potential criminal prosecution of a close family member, especially a son, is not the result of free and voluntary consent.
Such agreements are considered to be made under undue influence, as the natural affection and moral obligations a parent feels towards their child can be exploited, leading to decisions that are not entirely voluntary.
For a contract to be valid, it must be the outcome of the free will of the parties involved, without any form of coercion or undue pressure.