Law, Business, and Society 9th Edition by Tony McAdams

Exercise 14

Weaver leased a service station from American Oil. The lease included a clause providing that Weaver would hold American Oil harmless for any negligence by American on the premises. Weaver and an employee were burned when an American Oil employee accidentally sprayed gasoline at Weaver's station. Weaver had one and one half years of high school education. The trial record provides no evidence that Weaver read the lease, that American's agent asked him to read it, or that Weaver's attention was drawn to the "hold harmless" clause. The clause was in fine print and contained no title heading. Is the contract enforceable against Weaver Explain. See Weaver v. American Oil Co., 276 N.E.2d 144 (Ind. S. Ct. 1971).