Legal Case Summary
Bigg v Boyd Gibbins [1971] 2 All ER 183
Contract law – Sale of land – Offer and acceptance
Facts
As part of the negotiation for the sale of property by the plaintiffs, the plaintiffs wrote to the defendants stating that for a quick sale of the property, they would accept £26,000 on the basis that the initial offer was low and this would cover the plaintiff’s costs of sale. The defendants accepted the offer and requested that the plaintiffs contact the solicitors of the defendant regarding the sale. The plaintiffs acknowledged this and stated that they were pleased that the defendants were purchasing the property. The plaintiff requested a summary judgment and it was found that the letters had constructed a contract between the parties and ordered specific performance. The defendant appealed the decision.
Issue
The key issue for the court was whether the communication between the parties was enough to construct a contractual agreement. A particular matter for the court was the fact that there was little communication between the parties. If a contractual agreement could be constructed, then the court also had to decide whether an order of specific performance was appropriate in the circumstances.
Decision / Outcome
The court dismissed the defendant’s appeal against the order for specific performance and supplemented the decision given by Pennycuick V.C. at the initial hearing. The communication between the parties was deemed to be a binding contract for the purchase of the property and therefore specific performance could be ordered. Having read the letters, the court believed the parties would regard themselves as having struck a bargain for the sale and purchase of the property.
Updated 19 March 2026
This case summary accurately describes the Court of Appeal decision in Bigg v Boyd Gibbins [1971] 2 All ER 183. The legal principles illustrated — that an offer and acceptance can be found in informal correspondence, and that specific performance is an available remedy for breach of a contract for the sale of land — remain good law. The core principles of offer and acceptance in contract formation continue to be governed by the common law as applied in this and related authorities. No subsequent statutory changes or later cases appear to have materially altered or overruled the position established in this case. The article remains accurate for students studying contract formation and the requirements for a binding agreement in the context of land sales.
