Lloyd's Maritime and Commercial Law Quarterly

Edited by Professor Francis D Rose

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LIABILITY FOR OMISSIONS: HEAVY WEATHER IN THE PRIVY COUNCIL

The Hua Lien

Busy shipping lawyers might be forgiven for thinking that the difference between acts and omissions, and the limits of the rule that one is not liable for the latter, were largely academic matters they could safely leave to the textbook-writers to argue about. The decision of the Privy Council in The Hua Lien,1 however, shows that they would be unwise to do so.

While the Hua Lien, a Taiwanese ferry, was having grounding damage repaired by Hong Kong United Dockyards (HUD), a typhoon warning was hoisted. HUD

1. [1991] 1 Lloyd’s Rep. 309.

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