For example, the victim may accept or reject an insufficient bid or bid out of turn. Some jurisdictions allow you to have different agreements contingent on that choice. But there remain problems even in jurisdictions where such agreements are banned. Two of the simplest examples featuring illegals calls by an opponent:
- (4♥ out of turn by opponent) _X
- 4♠ (4♥ insufficient bid by opponent) _X
- Systemically, your double of a legal 4♥ opening or overcall would have been take-out.
- Partner elects to double after the director has explained his options to him.
Anyway. when it happens, the partnership are likely to discuss it and penalty is quite likely to be the future agreement reached.
But is that agreement legal? This is the law at its most basic but I don't think there is consensus on the answer to this question among legal experts.
I expect it would be far worse in jurisdictions that adopt the default law, that explicitly allows you to modify agreements over infractions. Ordinary players are unlikely to delve into this Pandora's box. Cunning experts, however, can agree, for example, that the rejection of some high-level insufficient bids promises a singleton or void in opponent's suit. Apparently, by default, the law allows analogous options to the offenders!
IMO a simple solution is to remove all these options for both sides. For example
- Cancel the illegal call. (Substitute pass for an insufficient bid).
- The illegal call is UI to the offender's partner but AI to the non-offenders.
- It is illegal for a non-offender to accept the illegal call. A call that appears to condone the illegal call is another infraction.