Trinidad, on 2011-September-14, 11:35, said:
Rik
I think it should be clear that no competent TD would allow the 5♣ bid in this auction. North bid 3♣ believing it was a pre-empt in Clubs. South (unpassed) then called 4♠ after alerting the 3♣ bid and explaining the 3♣ bid as Clubs and Spades. That alert and explanation (or for that matter an alert even without an explanation) are/is UI and Law 16 explains very clearly what actions are open to the player who receives UI from his partner.
Here the meaning of the UI is very clear. NS have had a cock-up and it will be clearly better to bid 5♣. Where a choice of calls is suggested by UI a player must not choose that call if "a significant proportion of players would seriously consider an alternative" and "some of those who consider it would choose it" (Paraphrasing I know but anyone who wants to, can read Law 16 for themselves)
The point is that a player without UI can bid however they like, but a player with UI is constrained by Law 16. We know some players would seriously consider Pass (add me to that list) and we know some players would Pass (add me to that list) so 5♣ becomes an illegal choice. Please, please don't tell me you'd always bid 5♣, anyone who passes is a fool etc etc, none of that is relevant to the ruling. Some players would seriously consider Pass and some would Pass - that is all that matters.
Back to the OP - is Pass of partner's 5♣ bid legal? The answer is probably yes if you have no UI or if partner has no history of this sort of thing - it will depend on TD's investigation. But it won't matter much because partner has already made an illegal call and the TD will adjust on that basis
Mike Amos