Wakilii

McCue v The Registered Trustees of Lincoln International School (CIVIL SUIT NO. 879 of 1995)

High Court · [2003] UGHC 44 · 2003 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of employment contract and unpaid remuneration
Decision
Plaintiff's claims dismissed in their entirety

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that no binding contract existed between the parties for the plaintiff to serve as Acting Principal because the plaintiff rejected the written terms offered, which differed from the oral offer. Where an offer is not accepted unequivocally, no binding contract arises. Consequently, no breach of contract occurred and no damages were payable. The plaintiff also failed to prove claims for a summer course allowance and additional airfare, having received partial payment already. Suit dismissed with costs.

Outcome

Plaintiff's claims dismissed in their entirety

Facts

Paul McCue, a United States national and teacher, was employed by Lincoln International School from 1989. His contracts for 1991/2 and 1992/3 were performed without dispute. In June 1993, when the incumbent Principal Ms Margaret Bell was terminated, McCue was orally offered the position of Acting Principal on the same terms as the outgoing Principal. However, upon his return to Uganda from travel, he was presented with written terms different from the oral offer, including only a 15% pay rise instead of the Principal's full salary. McCue rejected the written proposal and left Uganda. He claimed unpaid salary as Acting Principal, airfare to New York, a summer course allowance, and general damages for breach of contract. The defendant contended that McCue declined to act as Principal and that he received partial airfare payment and was not entitled to annual summer course allowances.

Issues

  1. Whether there was a binding contract between the plaintiff and the Registered Trustees of Lincoln International School.
  2. Whether the defendant breached the contract.
  3. Whether the plaintiff is entitled to the damages claimed in the prayers.

Orders

  • Suit dismissed with costs.

Rules and key headnotes

Contract Law — Formation of Contract — Offer and Acceptance — Requirement of Unequivocal Acceptance
Where an offer has been definitely made but the offeree rejects the written terms because they differ from the oral offer, no binding contract arises between the parties, as acceptance must be unequivocal and on the same terms as the offer.
Contract Law — Breach of Contract — Prerequisite of Valid Contract
No action for breach of contract can succeed where no binding contract was formed in the first place due to lack of acceptance.
Contract Law — Evidence — Burden of Proof in Contract Claims
The burden of proof to establish claims on a balance of probabilities rests on the plaintiff, and in the absence of supporting documentary evidence such as receipts, claims for reimbursement or allowances will fail.

Cases cited (1)

  • K. Tarmohamed v Lakhani (1958) EA 567

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

McCue v The Registered Trustees of Lincoln International School (CIVIL SUIT NO. 879 of 1995) [2003] UGHC 44 (5 September 2003)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.