LAW OF EVIDENCE 609
Sec. 31.
(3) Admissions are not conclusive proof of the matter admitted. An admission may become an estoppel if the elements necessary for estoppel exist in which case a party against whom it is sought to be proved cannot give evidence to disprove it or explain it away. But if it is not an estoppel, evidence can be given by the party against whom it is proved to disprove it or to explain it.
- Admissions can only be proved against the party who made them but they can also be proved against his representative-ininterest.
Who is a representative-in-interest ?
(i) There is no definition of the term given in the Act.
(ii) It is held to be wider than the term Legal representative which according to the penal code means a person who represents in law the estate of a deceased person.
(iii) It not only includes a ‘legal representative’ but also includes the privies of a person.
(iv) The privies of a person are :—
(i) Privies in blood, such as ancestors and heirs.
(ii) Privies in law, such as executor of a testator or administrator to an intestate.
(iii) Privies in estate or interest, such as Vendor and Purchaser, grantor and grantee, donor and donee, lessor or lessee.
So that an admission :
(1) made by the father can be proved against the son ;
(2) made by the deceased against the executor or administrator ;
(3) made by the Vendor against the Purchaser.
17-20 § What is an Admission.
- Admissions are (1) Formal or (2) Informal.
(1) Formal admissions are :
(i) Admissions contained in the pleadings.
(ii) Admissions in answers to interrogatories.