46. Rights of consignor or owner of goods and sub-contractor inter se.

If a direct contractual relationship is established between the consignor and the sub-contractor, as, for example, where the contractor makes the sub-contract as agent for one or both, their relationship is regulated by the terms of the contract. The sub-contractor is bound to carry and deliver the goods and to take reasonable care of them, if a private carrier1, or to be responsible as an insurer for their safety, if a common carrier, and the consignor is bound to pay the sub-contractor's carriage charges and to take delivery of the goods2.

There is usually no such direct contractual relationship, the