42. Availability of exceptions to the liability of carrier's employees or agents.

The carrier's employees or agents owe no contractual duty to the consignor or owner of goods or to a passenger being carried by their employer or principal, but may incur liability in tort for trespass, conversion or negligence through breach of a duty of care arising independently of contract. At common law they cannot if sued by the goods owner or passenger set up in defence any provision in the contract exempting the carrier from liability, even if that contract purports to protect them too, since they are not parties to that contract1. However this is of little importance