__D___4.

The following are the essential elements of a contract of sale, except:

a. consent of the contracting parties
b. subject matter which should be determinate
c. price which is certain in money or its equivalent
d. warranty against eviction and against hidden defects.

__C___5. Santiago sells to Bermejo 500 sacks of rice at 1000.00 per sack from the stock then
stored in the warehouse of Santiago. Unknown to the parties, the warehouse contains only 480
sacks of rice. What is the status of the contract between Santiago and Bermejo?
a. The sale is void since the quantity available is less than the quantity sold.
b. The sale is valid up to 480 sacks of rice but void as to the deficiency of 20 sacks of rice.