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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In an action properly within the court’s subject-matter jurisdiction, both parties expressly agree during trial to litigate an unpleaded payment defense. They present their evidence and fully argue it. The plaintiff later says no ruling is possible because no formal amended answer was filed. Which is correct?

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The absence of an amended answer automatically nullifies all evidence The payment defense must be ignored despite the express consent and full trial The defendant automatically wins solely because the issue was tried The defense is treated as raised in the pleadings, and current Rule 10 section 5 makes a formal conforming amendment unnecessary

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