78B-5-405 - Determining the money of the claim.
78B-5-405. Determining the money of the claim.
(1) Except as provided by Subsection (2), the proper money of the claim is, as in eachcase may be appropriate, the money:
(a) regularly used between the parties as a matter of usage or course of dealing;
(b) used at the time of a transaction in international trade, by trade usage or commonpractice, for valuing or settling transactions in the particular commodity or service involved; or
(c) in which the loss was ultimately felt or will be incurred by a party.
(2) The money in which the parties have contracted that a payment be made is the propermoney of the claim for that payment.
(1) Except as provided by Subsection (2), the proper money of the claim is, as in eachcase may be appropriate, the money:
(a) regularly used between the parties as a matter of usage or course of dealing;
(b) used at the time of a transaction in international trade, by trade usage or commonpractice, for valuing or settling transactions in the particular commodity or service involved; or
(c) in which the loss was ultimately felt or will be incurred by a party.
(2) The money in which the parties have contracted that a payment be made is the propermoney of the claim for that payment.
Renumbered and Amended by Chapter 3, 2008 General Session