What is the consequence of an issue being tried without being included in pleadings?

The correct answer is that an issue tried without being included in the pleadings may be deemed legally binding. In the context of litigation, issues can be tried based on the parties' implicit or explicit consent, even if they were not formally included in the initial pleadings. This consent can occur when both parties recognize and proceed to address the issue during trial without objection. When this happens, the court may treat the matter as if it were formally part of the pleadings, as the parties have effectively waived any objection to the absence of that issue in the original pleadings.

This legal principle allows for flexibility and efficiency in trial proceedings, acknowledging that the substantive rights of the parties may be advanced by addressing issues that have been brought before the court through the course of the trial. As a result, the issue can be seen as binding on the parties, reinforcing the idea that parties cannot simply ignore matters brought up during the trial without engaging with them, even if those matters weren't initially raised in the pleadings.

The other options do not accurately reflect the legal implications. The first option suggests that the issue cannot affect the case at all, which misses the point that parties can agree to try issues not included in the pleadings. The third option implies that