One day, Peter Parker's Lexus car which was parked in a shopping centre car park wouldn't start.
Question:
One day, Peter Parker's Lexus car which was parked in a shopping centre car park wouldn't start. The car is practically new, having only been purchased 3 months prior. NRMA Roadside Assist attended the car and tried to start the car. When NRMA couldn't start it, they called Green Goblin's Garage to tow the car back to its premises for repair. Just before towing Peter's car, Green Goblin's driver requested Peter to sign an authority to tow the car, bring it to the garage and fix it. The authority stated: "Green Goblin's Garage will not be liable for any damages to or destruction of clients' cars brought by fire or flood within the garage." That night, a mechanic left an over toaster plugged and it caused a short circuit and a fire in the garage. Peter's car was badly damaged. Peter's car is written off.
Peter wants Green Goblin's Garage to replace his car. The garage seeks to avoid liability by relying on the exclusion clause in the authority Peter previously signed. Do you think Green Goblin's will succeed? Explain your answer based on legal rules and principles learned from the lecture and readings on exclusion clauses and their operation in a contract. Do NOT answer this question based on Australian Consumer Law principles.
Please provide the one academic reference.