Day 190 - 23 Nov 95 - Page 09


     
     1        here concerned with formal admissions.
     2
     3        The next relevant passage is the one headed 8 at
     4        paragraph 24-42: "Admissions of agents and referees":
     5
     6                  "The admissions of an agent made to third
     7             persons are receivable against his
     8             principal...."
     9
    10        My Lord, that of course -- and I say this for the
    11        Defendants' benefit -- covers employee and employer.
    12
    13             "....(1) when the agent is expressly authorised
    14             to make them; (2) when the agent is authorised
    15             to represent the principal in any business and
    16             the admissions are made in the ordinary course
    17             of such business.  The existence of the agency
    18             must be proved before any admission by the agent
    19             may be admissible again the principal."
    20
    21        Then there are acts and representations, which are original
    22        evidence, like misrepresentation, which of course we are
    23        not concerned with here.
    24
    25        Then, my Lord, "Past Transactions", 24-43:
    26
    27                  "It is sometimes said that the declarations
    28             of an agent are not receivable as to past
    29             transactions.  This is misleading; for, so long
    30             as they are made concerning the principal's
    31             business and in the ordinary course thereof, it
    32             is immaterial whether they relate to past or
    33             present events.  Of course, if the transaction
    34             or business in which the agent is employed is at
    35             an end, his subsequent admissions regarding it
    36             will be rejected, as will his admissions
    37             regarding matters which are not properly within
    38             the scope of the employment."
    39
    40   MR. JUSTICE BELL:  Does that add anything in relation to this
    41        case?
    42
    43   MR. RAMPTON:  It may do, not in this particular instance, but it
    44        may do in other cases, when your Lordship comes to review
    45        the evidence at the end of the case.
    46
    47        My Lord, 24-45:  "Corporations and their officers" -- and
    48        these are examples.
    49
    50   MR. MORRIS:  Sorry, which page are we on? 
    51 
    52   MR. RAMPTON:  Page 643, 24-45. 
    53
    54             "The Directors of a company may make admissions
    55             on its behalf when acting for it in the course
    56             of a transaction with a third person; but their
    57             speeches at a shareholders' meeting or their
    58             admissions at a board meeting of less than the
    59             requisite number of members, are not so
    60             receivable.  The Secretary of a company cannot,

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