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D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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what is the best way to retract a signature statement you made

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what is the best way to retract a signature statement you made on behalf of another after later finding out it is not true?
What exactly is the scenario? what type of statement did you make and why do you want to retract it exactly?
Customer: replied 6 years ago.
If party A states on behalf of party B that party B performed a benefit to party A and it is later discovered that party B was just a broker and the actual contracted "meeting of the minds" as it was represented was for party B to personally perform the task and not use a sub contractor could party A later retract the statement claiming party B actually was the one who performed the task contracted for?
No, the statement itself cannot be retracted. Once a statement is made, it is out there. However, party A can establish that the contract was either never created because of the misunderstanding (no genuine mutual assent) or that there was a material breach by party B since party B did not perform the service directly to benefit party A. In addition, party A can submit a second statement explaining such mistake.
Customer: replied 6 years ago.
What would one use in regards XXXXX XXXXX of civil procedure or an example of case law so I can look it up?
In terms of what? Look up what? The statute of limitations?

Sorry, wrong post.


The rules of civil procedure do not apply. It is the common-law of contracts. If you can tell me what state are you in, then perhaps I can find some case-law for you. However, please note that it is the application of general principles of contract law that govern here. In addition, there is no case law on point with how a statement can be retracted. Once a statement is given, it is then floating around in the ether. It can be explained by later statements, affidavits or testimony.

Customer: replied 6 years ago.
I am in the State of Utah, is there a meeting of the minds angle on this or a way to disqualify the statement as party A was not a competent witness to what actually took place?

Yes, your best bet would be that there was no mutual assent (meeting of the minds) since party was falsely induced to believe that party B was performing a service for his/her benefit, and later learned that party B had someone else perform the work. The statement cannot be disqualified. Party A can provide a latter statement or affidavit explaining why he/she made the first statement and why the first statement is incorrect.

Customer: replied 6 years ago.
How would one phrase such a Motion to the Court, Motion to Strike My own Statement?
No. You do not need to submit any motion at this point. If you are already involved in litigation in court, you can submit an affidavit or at trial, you can testify about the fraudulent inducement. If you are dead-set on making a motion, you can make a motion for a declaratory judgment, asking the court to declare the contract invalid based on the mistake.
Customer: replied 6 years ago.
OK, you have been absolutely great and insightful, however what you said previously about my statement "floating arround in the ether" has me curious. Are you saying once out there we cannot take a statement back, and only through another positive statement inserting itself into the ether as a correcting statement can do the trick and thus nullify or render obsolete the old statement?
Yes, that is exactly what I meant.
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