this post was submitted on 23 Jun 2024
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I get why you would say that, because verbal contracts are definitely a real thing that can be binding, and this basically takes the form of a verbal contract, with the added advantage of being written down so it's easy to prove what was said.
But I don't think any court would ever find that this constituted a binding contract. No reasonable person would believe that this was intended to be taken seriously, and an offer made in jest does not constitute a binding contract. See Leonard v Pepsico.
edit: With Twitter, as far as we know, he had actually signed a more standard contract in which he waived his right to due diligence. It was rash and stupid, but not really comparable to this at all.
Good clarification from someone who sounds like they know what they're talking about, thanks. But i see no clear indication that it was said in jest. I mean if i had to guess i would say it was in jest, but i also can very easily see elon saying this in earnest because he's done so many rash enormous decisions in the past. I feel like at a bare minimum it's got enough validity that a lawsuit about it would become a real case and might make elon's estate want to give a cash settlement to avoid the litigation
I'm just a well-read interested amateur, not a lawyer, let alone an American contract lawyer.
Leonard was a case where Pepsi advertised, basically, that they'd sell you a Harrier Jet for $700,000. Leonard sent them a cheque for that amount and tried to get them to honour the deal. There was nothing explicit in the ad that made it a joke, but Pepsi refused, and ultimately won the lawsuit because it was absurd. Likewise, in my opinion, giving away a multibillion dollar company on the basis of three tweets, one of which is describing the possibility of a mysterious death, and another which is literally just "Ok" is very similar to that situation, in that it's played straight, but is obviously a joke because of the content.
You're right that a lawsuit could be brought. I suspect it would even pass summary judgment, because whether or not it's a joke would be a finding of fact, not a simple finding of law. And I don't know what's hypothetical Musk Estate would do, but if it were Elon himself in charge there's a good chance you're right, he'd try to settle it. Not because he's afraid of losing or concerned about the cost of the lawsuit, but for the same reason he hurried to buy Twitter when he did: to avoid going through discovery. He obviously doesn't want details of his finances made public, for whatever reason. And his estate might very well inherit that shyness.
But all that would rely on Mr Beast being stupid enough to press his claim in the first place. I only know about him third-hand as a famous YouTuber with a history of doing some rather silly stunts, but surely this would be beyond him. The case might make for good Content™, but entering into it would be very expensive with almost zero chance of proper success and nowhere near a guarantee of even a favourable settlement.
Leonard would not be controlling here. This is a plain case of a contract lacking consideration and thus being invalid. The case would be dismissed, no need for summary judgment.