Under what condition can special damages be presented to the jury if not specifically pleaded?

The correct answer indicates that special damages can be presented to the jury if they have been tried by consent. This principle is rooted in the idea that when parties engage in a trial, any issues not formally pleaded can still be addressed if both parties demonstrate awareness of the issues and consent to their consideration during the trial. This typically arises in situations where the introduction of evidence or testimony about special damages is allowed despite not being specified in the pleadings.

In practice, if both parties present evidence around special damages without objection, it implies an informal agreement to consider those damages. This promotes fairness, as it prevents parties from being unfairly surprised by claims that may arise during trial, as long as there has been an implicit understanding among them regarding the matter.

Other options do not provide the same basis for allowing special damages that were not specifically pleaded. Exclusion by the court does not permit their introduction; punitive damages follow their own specific legal standards; and merely being unusual or atypical does not suffice to bring unpleaded special damages before a jury.