LEGAL PRINCIPLE: EVIDENCE LAW — Admissions — What Constitutes — Distinction from Negotiation Offer
PRINCIPLE STATEMENT
The determination of whether issues are negotiated or admitted is a question of fact. While admission is a matter of law, the circumstances leading to the admission are matters of fact.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Cappa and D'Alberto Ltd v. Akintilo (2003) NLC-301999(SC) at p. 8; Paras A–C.
"The determination of whether issues in a matter are negotiated or admitted by a party is essentially a question of fact to be deduced from the circumstances of the case. So too in respect of whether an offer is made in a matter or an outright admission. While admission is a matter of law, the circumstances that lead to the admission is a matter of fact."
EXPLANATION / SCOPE
Admission and negotiation offers are distinct. The principle applies to evidence law. Whether a statement is an admission or an offer is a factual question. The rule distinguishes between binding admissions and without-prejudice negotiations. The court will examine the circumstances. The principle is well-established.