§ 32-41-03 — Variation by agreement

The effect of this chapter may be varied by agreement of the parties made before or after
commencement of an action or distribution proceeding or the entry of judgment. Parties to a
transaction may agree upon the money to be used in a transaction giving rise to a
foreign-money claim and may agree to use different moneys for different aspects of the
transaction. Stating the price in a foreign money for one aspect of a transaction does not alone
require the use of that money for other aspects of the transaction.

32-41-04. Determining money of the claim.
The money in which the parties to a transaction have agreed that payment is to be made is
the proper money of the claim for payment. If the parties to a transaction have not otherwise
agreed, the proper money of the claim, as in each case may be appropriate, is the money:
1. Regularly used between the parties as a matter of usage or course of dealing;
2. Used at the time of a transaction in international trade, by trade usage or common
practice, for valuing or settling transactions in the particular commodity or service
involved; or
3. In which the loss was ultimately felt or will be incurred by the party claimant.