Dustin S. Kolodziej v. James Cheney Mason

774 F.3d 736 · Court of Appeals for the Eleventh Circuit · 2014

Facts

Mason, a defense attorney, made a "million-dollar challenge" on national television during an interview about his client, Nelson Serrano, accused of murder. Serrano's alibi placed him in Atlanta, Georgia, while murders occurred in Bartow, Florida. The prosecution theorized Serrano traveled between these locations in 28 minutes. Mason stated, "I’ll pay them a million dollars if they can do it," implying the timeline was impossible. An edited version of this aired, which law student Kolodziej saw and interpreted as a serious offer. Kolodziej performed the challenge by retracing the alleged route and demanded payment, but Mason refused, denying a serious offer.

Procedural history

Kolodziej sued Mason and J. Cheney Mason, P.A., in the United States District Court for the Southern District of Texas, which dismissed the case for lack of personal jurisdiction. Kolodziej then filed suit in the United States District Court for the Northern District of Georgia, which was transferred to the Middle District of Florida. The district court granted summary judgment for Mason, and Kolodziej appealed to the Eleventh Circuit.

Issue

Did Mason's "million-dollar challenge" on national television constitute an enforceable offer for a unilateral contract, which Kolodziej could accept by performance?

Holding

No, Mason's statements did not give rise to an enforceable unilateral contract, and the district court properly granted summary judgment for Mason.

Rule

Contract formation requires objective mutual assent, meaning a reasonable person would understand a serious offer was made. Statements of hyperbole or jest, especially with exaggerated amounts like "a million dollars," do not constitute a serious offer. The context, such as a defense attorney's rhetorical challenge to a prosecution theory, is crucial. An offer must be clear, definite, and explicit, leaving no essential terms open for negotiation, and must manifest a willingness to enter into a contract on specified terms.

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