Dustin S. Kolodziej v. James Cheney Mason
774 F.3d 736
11th Cir.2014Background
- Mason, a defense attorney, made a televised statement during a Dateline interview suggesting a $1,000,000 payout if someone could prove Serrano’s guilt timeline.
- Kolodziej, then a law student, saw the edited Dateline version and treated the statement as a serious unilateral-offer to the public.
- Kolodziej performed the challenged act in December 2007 and sent Mason a recording plus a demand for payment.
- Mason refused to pay, arguing the offer was not serious and not directed to Kolodziej or the public as a binding contract.
- Kolodziej sued in federal court; the district court granted summary judgment on lack of knowledge and lack of an offer to him, and the case was ultimately appealed.
- Florida law governs the contract claim, requiring offer, acceptance, consideration, and definite terms, with mutual assent as a prerequisite to contract formation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mason’s statements constituted an offer. | Kolodziej argues the edited interview amounted to a unilateral-offer to the public. | Mason contends his remarks were rhetorical/hyperbolic and not a serious offer. | No enforceable offer exists. |
| Whether Kolodziej accepted by performing the challenged act. | Kolodziej performed the act within 28 minutes and sent proof of performance. | Mason did not knowingly accept or set terms; no contract formed. | No valid acceptance or contract formed. |
| Whether there was mutual assent to definite terms. | Offer and acceptance were implicit in the performance of the challenge. | Terms were indefinite and unclear; no definite offer or mutual assent. | Lack of definite terms defeats contract formation. |
| Whether the offer, if any, was directed to Kolodziej or the public at large. | The offer was public and open to anyone who could meet the timeline. | The offer was not a serious, public offer directed to Kolodziej; it lacked seriousness. | Not a valid public offer. |
Key Cases Cited
- Lucy v. Zehmer, 84 S.E.2d 516 (Va. 1954) (objective standard of assent; words interpreted by reasonable meaning)
- Newman v. Schiff, 778 F.2d 460 (8th Cir. 1985) (live appearance offers may create unilateral contracts when terms are clear)
- Lefkowitz v. Great Minneapolis Surplus Store, Inc., 86 N.W.2d 689 (Minn. 1957) (advertised offers can be binding if clear, definite, and left nothing open)
- Tiara Condo. Ass’n v. Marsh & McLennan Cos., 607 F.3d 742 (11th Cir. 2010) (mutual assent required to definite terms in contract formation)
- Acumen Constr., Inc. v. Neher, 616 So.2d 98 (Fla. Dist. Ct. App. 1993) (threshold question of contract; offer/acceptance essential)
