47 The relevant principle of general law was explained by Viscount Simon LC in Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd  UKHL 4;  AC 32 at 48
51 Here, as at 15 October 2009, the first defendant had become unable, as a matter of fact, to sell the property under the Contract of Sale provided for under the Option Agreement. This followed because the plan of subdivision, as defined in the Option Agreement, could not be registered. Consequently, for the reasons indicated, the Advance Moneys paid under the Option Agreement are repayable in full to the first plaintiff.The discussion in Martin v Andrews involved an claim for the repayment of conduct money for a subpoena as money had and received when a case settled before trial. Also the 'consideration' is not always the actual consideration under a contract, but it could be some fact, purpose or assumption on which a contract was based when it was executed, such as in .