Admissions by persons whose position must be proved as against party to suit
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Summary
When a person’s position or liability must be proved against a party, statements that the person made about that position while occupying it are treated as admissions. They qualify only if the same statements would be relevant in a suit by or against that person. Such admissions may be used as evidence against the party who must establish or denies that position.
Example
Ravi agreed to collect rents for Priya. Priya sues Ravi for not collecting rent from Karan, and Ravi denies any rent was due from Karan to Priya. Karan’s statement that he owed Priya rent is an admission and is relevant against Ravi.
Bare Act
Enacted textStatements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability.
Illustrations
A undertakes to collect rents for B.
B sues A for not collecting rent due from C to B.
A denies that rent was due from C to B.
A statement by C that he owed B rent is an admission, and is a relevant fact as against A, AS A denies that C did owe rent to B.
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