PDA

View Full Version : Ashida Kim- How Bad Do You Want Him? A New Take on His $10,000 Challenge



Pages : [1] 2 3

Nathan McScary
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.

Darting Fingers
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.

feedback
6/14/2005 12:47am,
On the contrary, who wouldn't like to get into a lawsuit with a ninja?

Darting Fingers
6/14/2005 12:53am,
No, it would just be too dangerous...

Pandinha
6/14/2005 2:19am,
A lawsuit?

Nah, stay tuned though kids.

Good stuff in the pipeline.

Fantasy Warrior
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.

xingyifa
6/14/2005 6:00am,
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.

lawdog
6/14/2005 8:21am,
Nathan,

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.

Pandinha
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. :)

Chuan
6/14/2005 10:23am,
All in good time, we'll get the last laugh. :)


Well Kim is good for the laughs if not the 10k. :biggrin:

Phrost
6/14/2005 10:31am,
Now there's an example of a good first post. Much better than "Hay guys what do you think of TKDROOFLE".

xingyifa
6/14/2005 12:50pm,
Has anyone ever just gone to his school pretending to be a prospective student? I know this tactic has been tried with other Mcdojos before and I'd be really interested to know what a bullshida kim class consists of. What if he doesn't really have students anymore? Maybe he just posts on his own boards using different names... Anyone in florida curious?

Fantasy Warrior
6/14/2005 12:58pm,
If anyone knows his school address it'd be a start...

Nathan McScary
6/14/2005 1:22pm,
Thanks for all the feeback, guys.

There are a few things I have to note. Some of you have criticized my plan for being totally unnecessary, because Ashida Kim comic relief and nothing more. This is Bullshido, dedicated to EXPOSING the frauds in martial arts. Kim is one of the biggest martials arts frauds out there. Also, if people are willing to go as far as to write to him personally accepting his challenge and even take money out of their savings account to challenge him, you'd think that the idea of filing suit against him wouldn't seem so ridiculous to some people.

Kickcather and co, I really think that the UK system must be different then that in the US or something. Kim is in fact the offeror, not the person taking up the challenge. In order for a person challenging him to be the offeror, they would have to approach Kim and say something to the effect of "I will give you my house if you will fight me." In the actual case, Kim is offering people to fight him for $10,000. The terms in his offer are very clear. Kim is the offeror and anyone applicable to take him up would be an offeree. Your toothpaste example is a valid one, but there is more to it then what you mentioned. A shop owner selling goods is an offer for anyone with capacity to purchase. Your right in the fact that he is not obligated to sell it to anyone right away, however, once someone accepts the offer to buy this toothpaste, and then the store is obligated to sell it to you. A retailer cannot deny a person sale without just cause (although obviously a lawsuit over a tube of toothpaste wouldn't go to court, being too small of a claim). Whenever someone with capacity accepts an offer, the offeror becomes the obligor (as they are obligated to execute their offer) and the offeree becomes the obligee (as they are the one receiving the good or service). I am curious though, is "invitation to offer" really a law term in the UK? It sounds redundant to me, but I could be wrong.

Kim doesn't actually have to accept the $10,000 right away to be obligated. Sure, he'll have to take it eventually, but once again, legally an offer can only be revoked before valid acceptance. Laws such as this prevent discrimination (IE “I am selling my boat, but will only sell it to white males” - would not hold up in court if a minority was in capacity and wanted to buy my boat.) If someone accepts an offer in a valid manor, then you are obligated to execution.

I hope that this sheds some light on things.

I do like the 'visit his school with a video camera' idea too though. Where is Ashida Kim's school located? We could search the net for legitimate martial artists in that area and find someone to pay his McDojo a visit.

xingyifa
6/14/2005 1:34pm,
Well, there are 8 listings for a radford davis (his real name) in winterhaven, FL. His website doesn't give an address for his school (probably in a garage or backyard) but people wishing to train should write:
The DOJO
P.O. Box 209
Lake Alfred, Florida 33850-0209 USA
or email:
[email protected]
according to his website.
Whitepages.com wasn't too much help.

Fantasy Warrior
6/14/2005 1:38pm,
Hint: he doesn't have a public school