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,
