Flashcards Studio

A civil action for the sale of a 2,000-square-meter agricultural lot and delivery of title and possession. Plaintiff claims purchase from Defendant; they executed a notarized deed of sale. Plaintiff offers: (i) the notarized deed; (ii) one neighbor’s testimony that plaintiff took possession on the date of sale; (iii) the Transfer Certificate of Title showing transfer to plaintiff; (iv) a tax declaration in plaintiff’s name. Defendant admits signing the deed but testifies that no delivery occurred and that the lot 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 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?