Graham v. Scissor-Tail, Inc.
California Supreme Court
623 P.2d 165 (1981)
Experienced concert promoter Graham (plaintiff) signed standardized "take it or leave it" AFM union contracts with Scissor-Tail (defendant), representing artist Leon Russell, for a multi-city tour; the contracts required arbitration before AFM's own international executive board, and after the tour underperformed and a dispute arose, Scissor-Tail compelled arbitration, which the arbitrator resolved in its favor. Graham sought to vacate the award, arguing the entire contract was an unenforceable adhesion contract and the arbitration clause was unconscionable; the trial court confirmed the award, and the California Supreme Court granted review.
Whether, in California, a contract of adhesion will be enforced against the adhering party if its terms and conditions fall within the reasonable expectations of the adhering party and the contract overall is not unconscionable.