Under the proper circumstances, an admission made by a third party will be imputed to another person. Admissions by attorneys in the course of litigation and admissions by agents or employees will be imputed under vicarious admissions. The requirements for a vicarious admission are: (1) There must be independent proof of agency and authority. (2) The facts must relate to current matters. (3) The statements must be within the scope of agency. Unauthorized statements are resolved under vicarious admissions as follows:
- Traditional view: They are not admissible against an employer.
- Modern trend: They are admitted if they concern a matter within the scope of agency or employment, or were made during the existence of the relationship. Some areas where vicarious admissions are found are: Admissions by partners, joint tenants, joint obligors, predecessors in title, decedents for indebtedness, and for contributory negligence.