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What would be the charge (if any) ?

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Bewlay Bros | 13:55 Wed 30th Jan 2008 | Law
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OK, hypothethetical question.

You are a veggie, not due to cultural reasons but you have a strong adversity to meat.

You attend a wedding where the outside caterers seperate veggie and meat products by placing little flags with a "V" on the veggie food. They have done everything in the correct protocol, even cooking in seperate pots etc.

A man then thinks it will be funny to stick a V flag into a small beef pastie WITH THE INTENTION of causing a veggie to be disgusted and alarmed.

However you the veggie bite in to a beef pastie which causes you to convulse violently, go in to shock and hospitalises you for two days.

What charge would you bring if any?

I have many in mind, but none would stick.
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The eggshell skull rule (explained correctly above) applies in civil claims. You do not have to prove any crime - you cannot bring a prosecution for a criminal offence yourself anyway. You could bring a claim against the catering company (who are vicariously liable for the negligent/malicious actions of their employee) for personal injury. Personal injury can mean physical and/or mental injury. On the facts above you would be bound to succeed if you could prove the basic facts, although it would not be worth very much in damages.

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