Circular book entries creating an 'audit trail' at a bank do not constitute the lending of real money where the lender had no funds. A loan agreement requiring the lending of money for the purpose of acquiring partnership units under a partnership deed that defines 'Application Moneys' as money paid requires the provision of actual funds, not notional entries. Affirmation, acquiescence, or waiver of a right to insist on proper contractual performance requires knowledge of the facts giving rise to the right.
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