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Matador In Litigation For Being Scared

samzenpus posted more than 4 years ago | from the running-from-the-bulls dept.

Idle 15

Christian Hernandez's refusal to take the bull by the horns has landed him in legal trouble. The 22-year-old bullfighter ran from the ring twice during a performance at Plaza Mexico. He was arrested for breach of contract a short time later. Hernandez released a statement saying, "There are some things you must be aware of about yourself, I didn’t have the ability, I didn't have the balls, this is not my thing."

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Breach (2, Insightful)

Locke2005 (849178) | more than 4 years ago | (#32581462)

Hernandez was arrested for breach of contract a short time later - a fine secured his release. Wait... you can be arrested and fined in Mexico for violating a contract? And we think the US is dominated by corporations! Shouldn't breach of contract be a civil matter, not a criminal one?

Re:Breach (2, Funny)

OrangeMonkey11 (1553753) | more than 4 years ago | (#32583014)

Think about it he is in Mexico, i was surprised that they actually arrested him.

Re:Breach (1)

blair1q (305137) | more than 4 years ago | (#32583100)

If the breach can be characterized as fraud (i.e., you lied about your bravery to get the contract to fight the bull), then you can be arrested for it in America as well. But if not (you're brave enough, but you just decided to go fishing that day instead), then it is not fraud, it is merely a breach of the contract.

Mexican law may not have a strict principle of "innocent until proven guilty," so failing to fulfill a contract could be taken implicitly as evidence that you lied to get the contract, and it's up to you to prove you merely failed to accurately determine your own ability to fulfill it.

Re:Breach (0)

Anonymous Coward | more than 4 years ago | (#32583220)

Not here in Texas, apparently. Fraud is considered a civil matter.
We called the local police about what we considered a matter of fraud, but when they came out, they said it would have to be a civil matter, as we had given the fraudster the money "willingly".

Re:Breach (0)

Anonymous Coward | more than 4 years ago | (#32589132)

As with any criminal matter, the police/prosecuting authority have discretion on whether to pursue the case. Often authorities won't take an interest in fraud until it hits some certain dollar threshold.

Re:Breach (1)

iamhassi (659463) | more than 4 years ago | (#32617000)

"If the breach can be characterized as fraud (i.e., you lied about your bravery to get the contract to fight the bull), then you can be arrested for it in America as well."

No, you can't, It's very difficult to be arrested in the US for fraud... not that I've ever been accused of fraud, but it takes many complaints to an attorney state general and they have to file charges based on evidence and testimonies and then they can put a warrant out for you to be picked up for questioning. It takes more than just a few incidents, those are civil manners because it's more of a "he said/she said" situation, buyer cries fraud but of course the seller has his own opinion of what happened... but again I've never been accused... ok I have been but it was a huge misunderstanding and I explained to the detectives what happened, but I think what really saved me is the individual amounts were small and no one wanted to travel here for court for such small amounts.

Re:Breach (1)

courteaudotbiz (1191083) | more than 4 years ago | (#32654330)

Are you from Nigeria?

Re:Breach (1)

DaMattster (977781) | more than 4 years ago | (#32585284)

Looks like contract violation is a crime in Mexico whereas here in the US and Europe it is only a tort.

Re:Breach (1)

genner (694963) | more than 4 years ago | (#32586630)

Looks like contract violation is a crime in Mexico whereas here in the US and Europe it is only a tort.

The one thing they have in common is that large sums of money will get you off the hook.

Damn! (1)

DaMattster (977781) | more than 4 years ago | (#32585276)

That's rough. Can't say I blame the matador. I'd take the fine and live to see another birthday

Re:Damn! (1)

selven (1556643) | more than 4 years ago | (#32639424)

I blame him, although not for the act of fleeing the ring. He agreed to do something he couldn't do, a simple act of dishonesty.

Re:Damn! (1)

tsstahl (812393) | more than 4 years ago | (#32647142)

So, how do you really know you can do it until you face the animal? I think I can do an emergency tracheotomy, would care to help me test that conclusion?

I agree you have a point that prior preparation is available for bull fighting, but I don't think it rises to a criminal offense. Then again, what the heck do I know about Mexican jurisprudence?

Re:Damn! (0)

Anonymous Coward | more than 4 years ago | (#32671632)

Another Darwin Award nominee snatched away from the Horns of Death.

Help me understand this... (0)

Anonymous Coward | more than 4 years ago | (#32622542)

So you'll happily don a skin-tight magenta suit with copious gold trim (see image), but it's only when a bull comes charging at you you finally realize you don't have balls?

Re:Help me understand this... (0)

Anonymous Coward | more than 4 years ago | (#32633488)

The only humane thing you can do with a matador is to blow his head with a Cheytac Intervention.
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