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Admissions against interest is a phrase that is commonly used by lawyers, judges, and commentators alike to explain the admissibility, vis-A-vis the hearsay rule, of. certain out-of-court statements made by either a party opponent or a now unavailable. declarant.
grounded in fraud, an effective affirmative defense may be failure to plead. fraud with particularity.165 Thus, in the instances where fraud is the basis. for an action for breach of fiduciary duty, the relevant facts and circum-. stances must be clearly set forth in the complaint.