Code
Statements 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.
Illustration.
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, if A denies that C did owe rent to B.
Explanation
This section covers a special category of admissions—made by third parties (not directly involved in the current case) whose position or liability affects a party to the suit.
A statement made by such a person is treated as an admission if:
- The person making the statement is in a position of liability or responsibility relevant to the case.
- The statement would be relevant if the person were a party to the suit.
- The statement was made during the time that the person held that position or bore the liability.
Such admissions are relevant even if made by someone who is not a party to the current proceeding, provided their status or obligation directly affects the case.
Illustration
A undertakes to collect rents for B. B sues A for failing to collect rent from C. A denies that rent was due from C.
A statement made by C that he owed rent to B is an admission and a relevant fact against A, because C’s liability (owing rent) is at the heart of B’s claim.
Key Concepts
- The person making the statement is not necessarily a party to the case.
- The statement must relate directly to their position or liability relevant to the matter in dispute.
- Timing is crucial: the statement must be made while the person still held the position or bore the liability.
