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Money
Money: anything customarily used as a medium of
exchange and a measure of value
3 characteristics
As a means of exchange
As a unit of measure or value and
As a medium for storing value over time
Money contd
The value of money
Value of property and services is measured by
money
The value of official money is nominally constant
Contract to purchase a widget for 10 units of X = 10X
10X does not change, even if purchasing power/value
changes
Nominalism
Some states have minimized the impact in severe
cases
Germany, Argentina, Belgium Uruagay
If other party fails to pay in a timely fashion
US, Italy and UK revaluation is NOT allowed
Money contd
The value of money (contd)
Nominalism (contd)
Possible to avoid in special case where
currency delivered as a commodity
Rare coin
Richard v AUB foreign currency case
Money contd
The choice of money
Money of account defines amount of obligation
Money of payment money used to pay that
obligation
Ill sell you it for 10USD (money of account) so give
me 210,000VND (money of payment)
Money contd
The choice of money (contd)
Place of payment
Absent selection of the parties, courts will
determine place of payment domestic laws vary
Ex. UN Convention of Contracts for International Sale of
Goods
Place of payment is place of delivery
If not named, then sellers place of business
Money contd
Maintaining monetary value
How does seller ensure that he will receive a
fair price for the product?
Inflation (seller) Deflation (buyer)
Maintenance of value clause
Price adjusted by inflation rate
Quota purposes
Pool of funds IMF may use to lend to members
Determine how much a state may borrow
Determines members voting rights
Executive Board
24 directors, managing director
Meet at least 3x week
Currency Exchange
Currency exchange obligations of IMF member
states
History
IMF par value system declared value
Second Amendment
Other than gold
Pegged to other currencies, SDR or other currency
basket
Or float
Some requirements
Not to manipulate, must collaborate with IMF,
If floating, must intervene to support currency
Can be used:
As a defense, as a cause of action (by a member,
by a person)
Currency support
Short term source of funds
From IMF quotas
Also from commercial bank loans
IMF Facilities
1) General Resources Account
2) Special Disbursement Account
3) Enhanced Structural Adjustment
Facility Trust Fund
Development Banks
World Bank (International Bank for
Reconstruction and Development IBRD)
International Development Agency (IDA)
Loans to less developed countries
Transfer of money
Instruction
Bill of exchange/draft