Kolodziej v. Mason
996 F. Supp. 2d 1237
M.D. Fla.2014Background
- This case concerns a unilateral contract claim arising from a public policy-like challenge made on NBC’s Dateline regarding a Serrano murder trial.
- Defendants Mason and Mason Law Firm allegedly offered $1,000,000 for proving the prosecution’s timeline; Kolodziej purported to perform the challenge.
- Kolodziej based his understanding on an edited Dateline transcript, not the unedited Mason interview, and later sought payment.
- Mason’s unedited interview was never aired; NBC edited the interview without defendants’ involvement, and Mason did not know of the edits.
- Kolodziej performed the travel challenge on December 10, 2007, flew Tampa–Atlanta–hotel, filmed 9:06 p.m.–9:25 p.m. sequence, and claimed success.
- Georgia choice-of-law rules apply per transfer, but Florida law governs the unilateral-contract analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a unilateral contract was formed against Kolodziej | Kolodziej argues the edited/unedited statements create a promise | Defendants contend no offer communicated, no acceptance | No contract formed as Kolodziej lacked knowledge of the offer |
| Whether the edited interview created a valid offer vs. unedited version | The substance of the offer was the same in essence | Edited version is not the same as unedited; not a valid offer | Edited and unedited offers not substantively identical; no mutual assent |
| Knowledge of the offer as a prerequisite to unilateral contract | Kolodziej relied on public dissemination via Dateline | Knowledge of the offer required for unilateral contract formation | No unilateral contract because Kolodziej did not know of unedited offer at performance time |
| Choice of law governing the contract formation | Georgia conflicts rules should apply due to transaction relation | Florida law governs rights and duties per agreement of parties; or due to Florida-focused conduct | Florida law applies to the unilateral-contract analysis |
Key Cases Cited
- Carlill v. Carbolic Smoke Ball Co., 1 Q.B. 256 (Court of Appeal) (public-offer reward case establishing unilateral-offer enforceability)
- Slattery v. Wells Fargo Armored Serv. Corp., 366 So.2d 157 (Fla. 3d DCA 1979) (rewards are contractual; knowledge of offer required to collect)
- Jackson v. Inv. Co. of Palm Beach, 585 So.2d 949 (Fla. 4th DCA 1991) (offer/acceptance analysis under objective test)