The terms "admissions" and "confessions" are sometimes mistakenly used interchangeably. Strictly speaking, admissions usually apply to civil transactions and other matters of fact in criminal cases not involving criminal intent. The term confession is usually confined to acknowledgment of guilt in criminal cases. An admission, competent as evidence in a judicial action or proceeding, is a voluntary acknowledgment in express terms, or by implication, or by some act, by a party in interest, or by another by whose statement he is legally bound, against his interest, of the existence or truth of a fact in dispute material to the issue.4

Admissions are of two kinds, private and judicial. The former relate to statements or acts made or done at some previous time which is inconsistent with the facts sought to be proved at the trial. The latter relate to admissions made in pleadings or stipulations filed during the progress of the case, or statements made in open court. This may result from a failure to deny material allegations of the opposing party's pleadings. Judicial admissions are binding and conclusive upon the parties, while other admissions, where the doctrine of estoppel does not apply, may be rebutted. Admissions may be implied from conduct consistent with a state of facts against his interests and inconsistent with the rights asserted by him in the pending cause.

1 Enc. of Ev., 357.