Weaver v. American Oil Co.

American Oil (plaintiff) leased gas-station premises to Weaver (defendant) under a lease including a hold-harmless clause requiring Weaver to indemnify American even for American's own negligence; Weaver, who had left school after a year and a half, never read the lease, was never advised to seek counsel, and was later burned when an American employee sprayed him with oil. American sued for a declaratory judgment on liability, and Weaver appealed the resulting judgment against him.

Whether a hold-harmless clause in a commercial lease is unconscionable and therefore unenforceable when there was a gross disparity in the parties' bargaining power and sophistication.