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Swap It Out: Difference between revisions
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{{popsong|Swap It Out|Justin Bieber|30474835}} | {{a|popsong|{{popsong|Swap It Out|Justin Bieber|30474835}}}}It’s an honest try, but on balance it still falls into the “mangle” category: Mr. Bieber seems to have no real concept of the binding nature of [[legal obligation|legal obligations]], and at best is woolly about the implications of [[derivative]]s as speculative or wagering contracts, at least where there are no plausible [[representations]] they they are being used for ''bona fide'' [[hedging]] purposes. | ||
And ultimately [[swap]]ping hearts, which among young, uncynical and unscarred people such as Mr Bieber and his “beliebers”, are largely [[fungible]], the transaction seems to be light on [[substance]] so there’s a question of adequate [[consideration]]. | And ultimately [[swap]]ping hearts, which among young, uncynical and unscarred people such as Mr Bieber and his “beliebers”, are largely [[fungible]], the {{isdaprov|transaction}} seems to be light on [[substance]] so there’s a question of adequate [[consideration]] (though “his whole world”, if accompanied by the [[intention to create legal relations]], would certainly do.) | ||
With that in mind, judge for yourself: | With that in mind, judge for yourself: | ||
:''Open up to me, it’s all you gotta do<ref>Ok, ok: you also have to complete [[KYC]], deliver Section {{isdaprov|3(d)}} documents, comply with all [[conditions precedent]]. And my | :''Open up to me, it’s all you gotta do<ref>Ok, ok: you also have to complete [[KYC]], deliver Section {{isdaprov|3(d)}} documents, comply with all [[conditions precedent]]. And my obligations are subject, of course, to Section {{isdaprov|2(a)(iii)}}. But apart from that, it is all you gotta do.</ref> | ||
:''Give<ref>“Give”? Under a [[swap]] it’s an [[contractual obligation|obligation]], not a [[discretion]].</ref> me all your heart, swap mine out with you | :''Give<ref>“Give”? Under a [[swap]] it’s an [[contractual obligation|obligation]], not a [[discretion]].</ref> me all your heart, swap mine out with you | ||
:''[[Swap]] it out with you | :''[[Swap]] it out with you | ||
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:''Follow my lead, that’s what you oughta do | :''Follow my lead, that’s what you oughta do | ||
:''No pressure <ref>[[Unfair Contract Terms Act 1977]]. also unconscionable conduct, duress etc. </ref> | :''No pressure <ref>[[Unfair Contract Terms Act 1977]]. also unconscionable conduct, duress etc. </ref> | ||
:''Swapping out ain’t ever been a crime<ref>Well, not a crime, ''[[per se]]'', but arguably inconsistent with precepts of Shari'ah law which may prevail in some jurisdictions, subject to heavy regulatory scrutiny in others. Note also that generally gambling contracts are unenforceable as a matter of | :''Swapping out ain’t ever been a crime<ref>Well, not a crime, ''[[per se]]'', but arguably inconsistent with precepts of Shari'ah law which may prevail in some jurisdictions, subject to heavy regulatory scrutiny in others. Note also that generally gambling contracts are unenforceable as a matter of public policy. </ref> | ||
:''If it was then I’d do the time | :''If it was then I’d do the time | ||
:''Throw away the keys as long as I’m here with you forever. | :''Throw away the keys as long as I’m here with you forever. | ||