It is taken as a behavior that is more severe than simple negligence. with the law, for publication in LawNet and/or the Singapore Law Reports. Put simply it imposes, in certain circumstances, a duty to take reasonable care. “dependant” means any person for whose benefit an action could be brought under section 20 of the Civil Law Act (Cap. In a decision helpful to both special purpose vehicles (SPVs) and service providers utilising SPVs, the Irish Supreme Court has given effect to a gross negligence carve-out to a general (and standard-form) limitation of liability clause (Clause) in an Irish-law commercial licence. Gross negligence is a civil wrong committed against a person or entity, and is subject to penalties in a civil lawsuit. Any distinction between gross negligence and negligence is merely one of that of degree on the facts of each individual case rather than a separate head of liability. Alternative legal and compliance services developed by Eversheds Sutherland. The judge rejected this concluding that the relevant question was not whether "gross negligence" was a familiar concept in English law, but rather what the parties meant by the expression "gross". The concept is more fundamental than failure to exercise proper care but that additional dimension can only be determined by context. The Singapore High Court decision in BNJ v SMRT Trains Ltd [2013] SGHC 286 ("BNJ v SMRT”) is significant for being the first local decision to consider a public authority’s duty of care in negligence, in the context of providing a public good.Its holdings will likely be instructive in future disputes concerning similar claims against public authorities in Singapore. To determine negligence the courts employ the classic three-part test as formulated in Kruger v Coetzee 1966 (2) SA 428 (AD) . Gross negligence is not a separate tort and does not have a precise meaning at common law. Negligence is the disregard for the safety or life of other people. The difference between negligence and gross negligence is one of degree and not of kind. Commercial and risk certainty can be achieved through a number of strategies. Findings, In GCC Foundation FI-LLC v European Computer Driving Licence Foundation Ltd [2012] IESC 55, a licensor sought to rely on the Clause to cap its liability in respect of a lower court finding that it had breached the licence. The injury was a reasonably foreseeable consequence of the defendant's action or inaction. 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In this recent post I considered whether there’s any point in providing in a contract a definition of the term gross negligence.And in this other recent post I considered the adjective wanton.But both posts were inadequate, so I offer instead in this post a broader look at use of the terms negligence and gross negligence in contracts. It is a degree of willful disregard that makes all the difference. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. However, because there is no accepted legal meaning of gross negligence in civil law the results may be arbitrary and therefore unforeseeable. 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