PROBLEM SCENARIO:

Greg operates a successful business maintaining domestic swimming pools. He employs two young assistants, and offers very competitive rates for cleaning and regular maintenance work. Mr. Pieters has recently had installed a very large salt water pool with a very delicate and very expensive filtration system, that keeps the water parasite free, and crystal clear.

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 Gregs employees, Toby, unbeknownst to Greg, holds a secret grudge against salt water pools and he deliberately fails to clean Mr. Pieters filter.

As a result, the salt residue accumulates and Mr. Pieters $50,000 filter system explodes.

Advise Mr. Pieters as to whether he can claim this $50,000 from Greg

• From the Above Scenario what Australian law is involved?
• Does his lack of English play any part?
• What Australian law prejudice is able to be used?