Still the scale idea but D can put forth anything 2. Jury decides if P's evid. In excuses, Neg. per se only allows recog'ed excuses which the judge decs v. Presumption of neg. allows any excuse that's 4 rsbl behav. In rebuttal, Neg. Actual notice is when person actually knew 2.
Constructive notice is when by judging the condition of the evid.
Inference from inferences 4. Special Kind of Circ. D had exclusive control of the instrumentality 2. There was no contrib. If D can show that there was due care exercised, then it precludes neg.