During discussions between Greg and Mr Pieters, Greg hands him a brochure and says: "Please read this carefully". Mr. Pieters however cannot read English. The document contains the following clause: It is agreed that under no circumstances will I, Greg, be liable for any damage or loss caused by my employee or agent unless such act of default could have been foreseen and avoided by the use of due diligence on my part as their employer; nor in any event will I be held liable for any loss occasioned to the client by me or my employee or agent except insofar as such loss was solely attributable to the negligence of my employee or agent acting within the course of their employment. Mr. Pieters agrees to hire Greg, paying him $200 a month for regular maintenance and cleaning of his new pool. One of Greg's employees, Toby. unbeknownst to Greg. holds a secret grudge against salt water pools and he deliberately fails to clean Mr. Pieters' filter