Question

Batman parked the Batmobile himself and kept the bat keys. There was no attendant at the lot. Two hours later, Batman left the restaurant and was heading back to the parking lot when he saw Wonder Woman. They started talking about the upcoming Hall of Justice party. Thirty minutes later, Batman went to the parking lot and discovered that his Batmobile had been stolen. Batman sued Penguin Parking Lot on the theory that it had breached its duty as a bailee.

Required:
Was there a bailment?

Answer 1

First of all, there was no attendant in the parking lot when batman arrived, meaning that he did not hand the keys. Batman kept the leys to himself all the time, so there is no transfer of possession. Without a valid transfer of possession, bailment cannot exist. Whether Batman ate at the restaurant or spent time talking to Wonder Woman do not change the facts that the safety of his Batmobile was his responsibility only.