ABSTRACT

If a complete and defi nite offer has been accepted in accordance with the rules discussed above (2), prima facie a insurance contract has been validly concluded. Exceptions occur when a “contract” is vitiated by illegality. 108

108. Whether the illegality makes the contract “void” or merely “unenforceable” is debateable. Generally, see Clarke, Ch. 24, MacGillivray, Ch. 14. As Anson point out (Anson, p. 379) in respect of the general law, the “subject of illegality is one of great complexity and the effects of illegality are by no means uniform.”