Henry parked his automobile in Allison's Car Park and was requested by the attendant to leave the keys in the car and the car unlocked. Henry received a receipt for the parking which contained the following note on the reverse side of the ticket. "Proprietor of lot will not be responsible for damage to car or contents." A similar sign was located at the entrance to the car parking area. When Henry returned to the lot, he discovered that his car had a damaged front fender. Because Henry did not give the keys to the attendant, there was no transfer of possession, and therefore, no bailment created.

Question

Quizplus · Accepted Answer

Henry leaving the keys in the car as requested by the attendant and parking the car in Allison's Car Park, despite the notice, does create a bailment. A bailment is formed when personal property (the car) is transferred into the custody of another (the parking lot attendant or the parking lot itself) with the intent that it will be returned to the owner. The act of leaving the keys and the car unlocked as per the attendant's request indicates a transfer of possession, thus creating a bailment, regardless of the signage or receipt disclaimer.

Henry Parked His Automobile in Allison's Car Park and Was