Flashcards Studio

Facts: A civil action for the sale of a rare violin and delivery of possession. Plaintiff claims purchase from Defendant and seeks delivery of possession. They executed a notarized deed of sale on January 15, 2026, signed by both parties. Plaintiff offers: (i) the notarized deed; (ii) two witnesses who testify that Defendant handed over the violin to Plaintiff on January 15, 2026; (iii) a certificate of authenticity showing the violin's serial number; (iv) a showroom security video showing Defendant handing the violin to Plaintiff on January 15, 2026. Defendant admits signing the deed but testifies that the violin was never delivered and remains with him; there are no other receipts or documents. (a) Identify the doctrine of positive and negative evidence as applied to proving the existence of the sale and delivery. (b) Distinguish positive evidence from negative evidence and explain how each is weighed when the burden of proof rests on the plaintiff. (c) Apply to the facts: Has the plaintiff proven sale and delivery by a preponderance of the evidence? How should the court treat the defendant’s negative evidence about non-delivery in light of the plaintiff’s positive evidence?