45. Rights of contractor and sub-contractor inter se.

The rights and liabilities of a carrier and sub-contractor inter se are governed by the sub-contract between them. If the sub-contractor's standard conditions of carriage are effectively incorporated into the sub-contract1, each party is bound by them. In other respects, the relationship of contractor and sub-contractor is that of consignor and carrier, so that, if the sub-contractor is a common carrier he has the ordinary duty to carry and the ordinary liability as an insurer, whereas if he is a private carrier he will only be liable for negligence2.

The contractor is a bailee of the goods and provided he