Where money is paid in anticipation of a contract that never materialises, the restitutionary cause of action accrues when the parties no longer share the common intention that a contract will be entered into, assessed objectively. Mere inactivity in solicitors' correspondence does not necessarily establish that the shared expectation has ceased, particularly where neither party has sought to terminate the relationship, refund payments, or assert the arrangement is at an end. The passage of time coupled with inaction on both sides indicates progressive evaporation of the intention, but the court must consider all the circumstances including subsequent conduct of the parties.
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