47. Effect of exempting conditions in contract subject to which sub-contractor is employed.

When the sub-contractor has accepted possession of the goods from the contractor subject to contractual conditions of carriage which include terms excluding or limiting his liability for loss or damage, the question whether he can rely upon those terms in answer to a claim by the owner1 for loss or damage presents some difficulty.

Where the relationship of bailor and bailee is established between the owner of the goods and the sub-contractor, then, if the owner can maintain his claim by showing the breach of a duty arising at common law out of that relationship, he is not obliged to