BSA Section 17 — Admissions by persons whose position must be proved as against party to suit

Summary

Statements made by a person whose position or liability must be proved against a party to the suit are treated as admissions. This applies if those statements would be relevant against that person in a suit brought by or against them regarding that same position or liability, and if the statements were made while that person held that position or was subject to that liability.

Illustration: A agrees to collect rents for B. B sues A for failing to collect rent that C owed to B. A denies that C owed rent to B. A statement by C that he owed rent to B is an admission and is a relevant fact against A, if A denies that C owed rent to B.

Official Text

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.

Old <-> New Code Mapping

• IEA §19 — Admissions by persons whose position must be proved as against party to suit