Admissions and representations as evidence - PA 1890 s. 15
A partner's admission or representation about partnership business made in ordinary course is evidence against the firm. PA 1890 s. 15.
An admission or representation made by any partner concerning the partnership affairs, and in the ordinary course of its business, is evidence against the firm.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section says that if a partner makes a statement about the partnership's affairs during the normal running of the business, that statement can be used as proof in court against the whole partnership. It does not automatically make the partnership liable, but it makes the statement admissible evidence. The key requirements are that the statement concerns partnership affairs and is made in the ordinary course of business. For example, if a partner tells a customer that the firm owes them money, that admission can be used against the firm even if the other partners disagree.
When it applies
- A partner in a law firm admits to a client that the firm lost a document.
- A partner in a restaurant tells a supplier that the firm will pay for an order.
- A partner in a construction company tells a homeowner that the firm will finish the work by a certain date.
- A partner in a retail store tells a customer that a product is defective.
What this section does not say
- Admissions made by a partner about personal matters, not partnership affairs.
- Statements made after the partnership has dissolved or outside the ordinary course of business.
- Representations that are not about partnership business, such as a partner's personal opinions.
- Determining liability – the section only addresses admissibility, not whether the firm is actually liable.
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This page reproduces the text of PA 1890 s. 15 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.