Posted On:6/14/2005 12:10am
Hey guys, I've been a lurker for a long time and I've finally joined this forum. I am very excited about having posting access now.
Anyways, I believe that I have devised a fool-proof way to get Ashida Kim for good. Now this is going to take some work mind you, but I figured that since people have already tried to take him up on his $10,000 challenge, then there might be some people out there to give my idea some dedication, or some thought at the very least.
First, a little background about myself to better explain my idea. I am currently a college student studying Marketing. I also train in Kenpo (purple belt) as well as general MMA fighting. Because of my major, I am required to take a law class specifically dedicated to contracts and sales. I've been reading a lot about this Ashida Kim moron (including the fantastic "Punking of" article), and he gets under my skin like no other. I simply cannot stand people like him, not only is he a poseur, but a blatant fraud. One day while reading over his big $10,000 challenge and thinking about the material in my aforementioned law class (which I was taking at the time), I came up with this idea to drive a stake right though Kim's heart. Metaporically, of course.
The plan is as follows.
The "$10,000 Challenge" on Ashida Kim's website is an offer. In order for something to be an offer, it must meet three criteria. 1. It must be communicated (Kim's Challenge is written communication) 2. Must have intent (This means that Ashida must have the intention of challenging people, as opposed to say him posing a hypothetical situation.) 3. Must have definite and certain terms (Kim's terms are EXTREMELY certain and laid out). Hence, Kim is making a valid offer for the taking. It should also be noted that an offer is only valid for "a reasonable period of time," but since Kim still has his challenge posted on his site still, it's free game.
The ONLY ways any offer can be terminated are by one of the following: 1. Rejection. 2. Death. 3. Destruction of subject matter. 4. Or subsequent illegality. The terms in Kim's offer state no illegal activity, and unless Kim wants to kill himself, we don't have to worry about 2 or 3.
An important peice of the puzzle is that an offer can ONLY be revoked before there is valid acceptance. In other words, once someone with capacity accepts Kim's offer, he is LEGALLY BOUND TO EXECUTION OF HIS OFFER. There are no ifs, ands, or buts about it. If a martial artist were to accept Kim's offer, and Kim were to refuse his obligation, then the person that accepted his offer could file suit against him (most likely for punative damages).
If people are serious about getting this guy and want to bring this him to court, it's easier then it sounds. Kim is digging his own grave with his empty challenges. All we need is evidence that this guy refused someone who lawfully accepted his offer, then we can shut him up for good. Is anyone here willing to sue Ashida Kim to make him fight or drop his offer and put him out of business? I think that it would be well worth it. Let me know what you guys think.
Fancy a milkshake?
Posted On:6/14/2005 12:43am
Dude, the guys a loser. He is for the butt of jokes, photo shopping his head onto monkeys and other such outrageously comiedic relief.
I think most people have more important things to do than get into a lawsuit with a ninja.
Posted On:6/14/2005 12:47am
Style: Muay Thai
On the contrary, who wouldn't like to get into a lawsuit with a ninja?
Tough is not how you act, tough is how you train.
Posted On:6/14/2005 12:53am
No, it would just be too dangerous...
Posted On:6/14/2005 2:19am
Style: Muay Thai & BJJ
Nah, stay tuned though kids.
Good stuff in the pipeline.
Originally Posted by Sifu Rudy Abel
"Just what makes a pure grappler think he can survive with an experienced striker. Especially if that striker isn't following any particular rule set and is well aware of what the grapplers strategies are".
Misguided style basher
Posted On:6/14/2005 3:29am
Nice idea mate.
I'm no expert on contract law and it might be different in UK anyhow, but from what I did of it in college I sort of remember something about "offers" and "Invitation to treat (offer)".
Is it not the case that, like a shop displaying products, Kim's "challenge" isn't actually an "offer" -rather an "invitation to offer". That means that the person taking him up is actually the offerer. ?????
Much the same as if someone displays a tube of toothpaste in a shop they are not obliged to sell it to you.
Last edited by Fantasy Warrior; 6/14/2005 10:34am at .
You are a total Douchbag. Train more, post nevermore.
FickleFingerOfFate -08-21-2007 08:59 AM
just die already. Plasma - 08-20-2007 11:45 PM
Best MA website ever!!!!!: http://www.dogjudo.co.uk/
Posted On:6/14/2005 6:00am
Style: none currently
I'm afraid kickcatcher is right. Unless he goes ahead and ACCEPTS the $10,000, there isn't a clear case against him if he refuses to fight. Note, simply sending him the ten grand won't necessarily work. You'd have to prove that he accepted it on the grounds that it was payment for this deadly ninja battle.
-Here's one thing im curious about: on his website, he says that anyone who doubts him is welcome to show up at his school and recieve "a lesson in fistcuffs." Since his other real name has been posted on the boards and you can look up his address on white pages, why don't a couple people in the FL area with a video camera go take him up on the offer? That way no one has to waste ten grand plus court/law fees.
Posted On:6/14/2005 8:21am
Style: Judo & Boxing
I like your creativity and attempt to think outside the box, but you'll eventually learn that there's a huge difference between the theory you learn in school and reality. Your analysis of contract law is a theoretical one. Realistically, any suit against Ashida Kim based on contract law would only have two possible remedies.
1. Specific performance
2. Economic damages
No judge is going to compel specific performance of that contract.
And regarding economic damages, the best the plaintiff could hope for would be the return of the $10k, which would bring us right back to square one having accomplished nothing.
Punitive damages are generally not available for contract actions.
I do agree though that it would be really cool to sue a ninja, especially if he wore his mask in court. I think I'd have to ask the judge if I could wear my gi.
Posted On:6/14/2005 10:20am
Awesome that we have Lawyers and Soon to be Lawyers on board. :)
Now regarding just showing up to his school.
We would have the police called on us so fast it wouldn't be funny.
All in good time, we'll get the last laugh. :)
Posted On:6/14/2005 10:23am
Style: Roberto Traven BJJ (Blue)
Originally Posted by Anthony
All in good time, we'll get the last laugh. :)
Well Kim is good for the laughs if not the 10k. :biggrin:
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