Admission

Admission [Sections 17-23, 31]

Admission is an exception to hearsay rule

Admission must be clear and precise

Admission must not be vague or ambiguous

Policy for Admissibility of Admission

No one would make a statement against their interest unless it were true

Parties cannot reasonably object to the use in evidence against of their own statements

Definition of Admission [S.17]

An admission is a statement

oral or documentary

which suggests an inference

as to any fact in issue or relevant fact

made by a person

in certain circumstances

** it is an out of court statement tendered to prove the truth of the statement. For example, if a husband sues his wife for divorce on the grounds of adultery, and she states out of court that she has had affairs, her statement is an admission. Any admission made by a party is admissible evidence in a court proceeding, even though it is technically considered hearsay (which is normally inadmissible). Lawyers tell their clients not to talk to anyone about their case or about the events leading up to it in order to prevent their clients from making admissions.

The term admission is usually applied to civil transactions, and to matters of fact in criminal cases, where there is no criminal intent the term confession is generally considered as an admission of guilt.

The admissibility and effect of evidence is considered generally, with respect to the nature and manner, of the admission itself and, secondly, with respect to the parties to be affected by it.

In the first place, as to the nature and manner of the admission; it is either made with a view to evidence; or, with a view to induce others to act upon the representation; or, it is an unconnected or casual representation.

As an instance of admission made with a view to evidence may be mentioned the case where a party has solemnly admitted a fact under his hand and seal, in which case he is, estopped, not only from disputing the deed itself, but every fact which it recites.

Instances of thing second class of admissions which have induced others to act upon them are those where a man has cohabited with a woman, and treated her in the front of the world as his wife, or where he has held himself out to the world in a particular character he cannot in the one case deny her to be his Wife when sued by a creditor who has supplied her with goods as such, nor in the other can he divest himself of the character be has assumed.

Where the admission or declaration is not direct to the question pending, although admissible, it is not in general conclusive evidence; and though a party may by falsifying his former declaration, show that he has acted illegally and immorally, yet if he is not guilty of any breach of good faith in the existing transaction, and has not induced others, to act upon his admission or declaration, nor derived any benefit from it against his adversary, be is not bound by it. The evidence in such cases is merely presumptive, and liable to be rebutted.

Secondly, with respect to the parties to be affected by it. 1. By a party to a suit. The admissions of the party really interested, although he is no party to the suit, are evidence.

Oral or Documentary Admissions

oral or documentary admissions contained in any previous

pleadings, depositions, petitions

deeds, account books, horoscopes

roadcess returns, returns to collector

arbitration proceedings, first information reports

deeds of compromise

even statements in cancelled or invalid instruments

or unstamped documents are receivable.

Oral Admissions [S.22]

as to contents of document are relevant

when the party tendering evidence

succeeds for the reception of secondary evidence

**Admissions Are Express Or Implied. An express admission is one made in direct terms. An admission may be implied from the silence of the party, and may be presumed. As for instance, when the existence of the debt, or of the particular right, has been asserted in his presence, and he has not contradicted it. And an aquiescence and endurance, when acts are done by another, which if wrongfully done, are encroachments, and call for resistance and opposition, are evidence, as a tacit admission that such acts could not be legally resisted.

Admission can be form al and informal.**

Made by a Person

parties to a suit or proceeding [S.18]

an agent authorised by such party [S.18]

by suitor in representative character [S.18]

parties having proprietary or pecuniary interest [S.18(1)]

predecessor-in-title [S.18(2)]

persons whose position is in issue [ S.19]

statements by referees [S. 20 ]

**An admission is the testimony which the party admitting bears to the truth of a fact against himself. It is a voluntary act, which he acknowledges as true the fact in dispute.**

Admission is the best evidence against the party making it [S.21]

Exception to the Rule

when it is of such a nature that if the person making it were dead, it would be relevant  as between third persons under section 32

when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable

if it is relevant otherwise than as an admission.

Mode of Proof of Admissions

It is a substantive piece of evidence

The maker of the admission need not be called as a witness

Admissions without prejudice [S.23]

In Practice. It, frequently occurs in practice, that in order to save expenses as to mere formal proofs, the attorneys on each side consent to admit, reciprocally, certain facts in the cause without calling for proof of them.

These are usually reduced to writing and the attorneys shortly add to this effect, namely, ' We agree that the above facts shall on the trial of this cause be admitted, and taken as proved on each side;' and signing two copies now called, 'admissions ' in the cause, each attorney takes one.

Evidentiary Value of Admission

Admission is the best evidence against the party making it

Admission is relevant but not conclusive

An admission which amounts to estoppel is conclusive in nature [S.31]