Barry decides to hire from a local equipment hiring business some ladders and planks to enable him to paint the exterior of his house. When he collects the hired goods, he is asked to sign a hiring agreement. Barry asks the employee of the hiring firm why he has to sign an agreement, to which the employee replies, "It is just for insurance purposes". Barry does not read the form, but signs it as requested by the employee.

Whilst Barry is using the equipment, one of the ladders collapses due to the fact that the rope that prevents the ladder from collapsing is badly worn, and Barry is seriously injured.

When Barry recovers and tries to sue the hiring firm, his attention is drawn to a clause on the back of the printed hiring agreement (which he signed when he collected the goods) in the following terms:

"The hirer accepts no responsibility for personal injuries suffered by persons using our equipment during the period of hire, irrespective of whether such injuries are caused by breach of contract, negligence or any other cause whatsoever."

Required

Barry seeks your advice as to the following:

Whether the contract has been breached and if so, which term has been breached and what remedies are available for breach of this type of term.

IRAC format in Australian law with reference