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Question
A civil action for the sale of a motorcycle and delivery of possession. Plaintiff Leah sues Defendant Marco for the sale and delivery of the motorcycle and title. Plaintiff offers: (i) a signed bill of sale dated April 20, 2025; (ii) a courier’s delivery receipt showing the motorcycle was handed to Plaintiff on April 21, 2025; (iii) the Certificate of Registration showing transfer of ownership to Plaintiff; (iv) a social-media post dated April 22, 2025 showing Plaintiff with the motorcycle. Defendant admits signing the bill of sale but testifies that the motorcycle was never delivered and remains in his possession; there are no other receipts or documents. (a)Identify the doctrine of positive and negative evidence as it applies 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?