A private carrier1 (unlike a common carrier2) owes no obligation to carry goods merely by virtue of the fact that they have been tendered to him for carriage: his obligation to carry arises only from a contract to carry the particular goods3 or perhaps from his acceptance of the possession of goods under a gratuitous bailment by way of carriage4. In cases where a contract to carry is established, the precise nature of the duty to carry will be determined by the terms of that contract
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