Originally posted by Roadblock
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The first is expert testimony about the amount of the substance found. It will be established that this was not a large amount of the substance. The second would be proving Ryan was deliberate in taking and acting with malice in taking the substance, and that it was therefore not an occupational hazard involved with training.
They were both engaged in a fight so the activity cannot be a cause in and of itself for the damages. But the real killer is going to be when Haney has to establish his state of mind when he let in the fight go on after the contract was violated...that he was somehow unaware in a way a reasonable person would be, that Ryan already had established he was not fit to fight, according to the contract at hand initially used.
It will be argued that Haney not having his title on the line, not being given a loss, knowing the condition of his opponent, Ryan being overweight and behaving unacceptably, already accepted these conditions and was justly compensated as well, including the money Ryan paid him.
A plumber does a really bad job, I see evidence of this before he starts and my solution is, I agree to pay him next to nothing, to gouge him, and then he does a job that destroys the house... Would a jury not find my conduct a contributing factor? Haney, my house, both show unreasonable conduct in accepting and taking advantage of a situation with potential danger and problems. In both cases we are compensated for this judgment.
Hanny did not come into court with clean hands as they say... And that is what we'll get his case booted. See above example.
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