JSB171 Lecture Notes - Lecture 1: Mercedes-Benz W140, Logical Reasoning, Improper Conduct
Document Summary
General rule admission made by a party out of court is admissible against them: parkes (because what a party himself admits may reasonably be presumed to be true) If admission proven, entire statement must be entered into evidence (cannot sever context) Words (written or oral): jogender singh bains v yorkshire insurance co. By conduct (acts, acquiescence, demeanour): thatcher v charles; parkes (murder mother of. If admission also contains material favourable to the plaintiff s case both entered victim: why did you stab her? silent & lunged at mother with knife admission by conduct) Drawing inferences (weissensteiner: judge determines if the adverse inference is open to consideration: weissensteiner (murder they will never find those two adverse inference, jury determines whether to draw adverse inference. 3p can bind other people in some cases, such as : partners: s18 partnership act, successors in title, servants or agents of parties to a case (civil) or an accused (criminal)
