703. Parties with whom the carrier contracts.

Most carriage of goods by private carriers is undertaken pursuant to contract1. A contract of carriage is generally negotiated between consignor and carrier but the identity of the parties to that contract will depend on the circumstances, most notably the terms of the contract of carriage and the terms of any contract between the consignor and consignee2.

Where the consignor has the general property in the goods at the time of contracting and retains such property throughout the period of carriage3 he is normally the proper party to sue on the contract and in tort4. This accords with the principle