Stheu, Dearnt Good Convoer, Keat (TM) Firm; now including Red Hot™ Consulting
Wednesday, June 17, 2026
When looking for modern, malicious food contamination cases, the law shifts sharply away from basic accidents or sloppy health violations (negligence). Instead, it targets **intentional, malicious tampering**, which is prosecuted under severe criminal laws like "selling or distributing food with a foreign substance" or consumer tampering statutes. Two high-profile modern cases highlight how the courts handle deliberate food contamination today. Click here for more.
When looking for modern, malicious food contamination cases, the law shifts sharply away from basic accidents or sloppy health violations (negligence). Instead, it targets **intentional, malicious tampering**, which is prosecuted under severe criminal laws like "selling or distributing food with a foreign substance" or consumer tampering statutes.
Two high-profile modern cases highlight how the courts handle deliberate food contamination today:
## 1. The McDonald's "Drive-Thru Revenge" Case (2026)
A direct modern parallel to maliciously serving food that is known to be dirty or contaminated unfolded in Southbridge, Massachusetts.
* **The Setup:** A 22-year-old fast-food shift manager filmed a selfie-video inside the restaurant kitchen. In the video, she grabbed a handful of french fries, stuffed them into her mouth, and spit directly back into the fry carton before serving them to a drive-thru customer. The video went viral on social media, leading to a massive police investigation involving over 220 hours of surveillance footage review.
* **The Malicious Intent:** Investigators discovered this wasn't random; the customer targeted in the drive-thru window was an individual the employee had previously been in a relationship with.
* **The Legal Outcome:** The employee was immediately fired, arrested, and **criminally charged with a felony count of selling or distributing food with a foreign substance.** Because it was a pre-planned, deliberate act of contamination aimed at a specific target, it was treated as a major criminal offense rather than a health-code violation.
## 2. The *Kerry Inc.* / Kellogg's Honey Smacks Scandal (2023)
If you are looking for a case of corporate "malicious mischief"—where a company *knew* food was dangerously contaminated but deliberately hid the data and sold it anyway—the U.S. Department of Justice's prosecution of *Kerry Inc.* is the landmark modern case.
* **The Setup:** A massive Salmonella outbreak sickened 135 people across 36 states, sending 34 to the hospital. The source was traced to Kellogg’s Honey Smacks cereal manufactured at a Kerry Inc. facility in Illinois.
* **The Malicious/Intentional Element:** During the investigation, the government uncovered that the facility's quality assurance logs had flagged positive tests for Salmonella **81 times** over a two-year period. Instead of shutting down production, the company's Director of Quality Assurance actively ordered employees to alter the pathogen monitoring programs, cover up the positive tests, and withhold the data from Kellogg's so they could keep shipping the contaminated food.
* **The Legal Outcome:** The corporate cover-up elevated the case from an accidental outbreak to a criminal conspiracy. The Director of Quality Assurance pleaded guilty to multiple criminal counts of introducing adulterated food into commerce. The corporation itself was hit with a staggering **$19.2 million criminal penalty and forfeiture**—the largest criminal financial penalty ever imposed in a food safety case.
### The Legal Takeaway
In modern courtrooms, if you serve "fish off the floor" because you are lazy, you get sued for civil **Negligence** or fined by the health department. But if you do it **intentionally to deceive or harm the customer**, the state steps in to prosecute you for **Felony Food Tampering or Fraud**, carrying mandatory prison time.
It happened at Skegness on the Long Weekend. But it's never did really happen. If you are looking for a specific, historically famous common law precedent uniquely titled or known explicitly as *"The Battered Fish Case"* or *"The Fish off the Floor Case,"* there isn't a landmark appellate case by that exact name. However, your scenario describes a classic, textbook legal problem. Serving someone food that has been dropped on the floor and contaminated maps perfectly onto several foundational **tort, contract, and criminal law** frameworks. Depending on whether the customer *knows* the fish was on the floor, whether they eat it, and what happens to them afterward, the act triggers different areas of liability. ## 1. Battery and Assault (Intentional Torts & Criminal Law) If a cook or server deliberately picks fish up off a dirty floor, batters it to hide the dirt, and serves it to an unsuspecting customer, it fits the legal definitions of **Battery** and **Assault**.
It happened at Skegness on the Long Weekend. But it's never did really happen.
If you are looking for a specific, historically famous common law precedent uniquely titled or known explicitly as *"The Battered Fish Case"* or *"The Fish off the Floor Case,"* there isn't a landmark appellate case by that exact name.
However, your scenario describes a classic, textbook legal problem. Serving someone food that has been dropped on the floor and contaminated maps perfectly onto several foundational **tort, contract, and criminal law** frameworks.
Depending on whether the customer *knows* the fish was on the floor, whether they eat it, and what happens to them afterward, the act triggers different areas of liability.
## 1. Battery and Assault (Intentional Torts & Criminal Law)
If a cook or server deliberately picks fish up off a dirty floor, batters it to hide the dirt, and serves it to an unsuspecting customer, it fits the legal definitions of **Battery** and **Assault**.
* **Battery:** In tort law, battery is the intentional, harmful, or offensive touching of another person without their consent. The law considers **forcing someone to ingest a contaminated substance** to be a form of battery. Because the customer never consented to eat floor-dirt and bacteria, intentionally tricking them into eating it fulfills the element of offensive contact.
* **Assault:** If the customer *sees* the chef pick the fish up off the floor, dust it off, and attempt to hand it to them, causing the customer a reasonable apprehension of immediate offensive contact, that constitutes a civil assault.
* **Criminal Precedent Note:** While not involving fish, there are numerous criminal "assault by food" or "battery by food" cases where restaurant workers have intentionally contaminated food (spitting in it, adding foreign objects, or serving floor sweepings). Courts consistently rule that tricking someone into consuming a contaminated substance is a criminal assault/battery.
## 2. Negligence (The Unintentional Tort)
If the fish fell on the floor and was served due to sloppy kitchen habits, lack of oversight, or pure laziness rather than a malicious trick, the primary claim shifts to **Negligence**.
To win a negligence tort, the plaintiff must prove:
1. **Duty of Care:** A restaurant owes a legal duty to its patrons to serve safe, hygienic food.
2. **Breach of Duty:** Serving fish that has rolled around on a dirty floor clearly breaches that standard of care.
3. **Causation & Damages:** This is the catch. To successfully sue for negligence, **the customer must actually get sick** (e.g., severe food poisoning).
* *If the customer eats the floor-fish and feels completely fine:* There is a breach of duty, but no legal "injury" or damages, meaning a negligence lawsuit would fail.
* *If the customer gets violent illness:* The restaurant is liable for medical bills, lost wages, and pain and suffering.
## 3. Breach of Contract & Implied Warranties
Beyond tort law, the moment a customer orders food, a commercial contract is formed.
Under sales laws (like the *Sale of Goods Act* in common law jurisdictions or the *Uniform Commercial Code* in the US), every commercial sale of food includes an **implied warranty of merchantability** and **fitness for human consumption**.
* Serving fish off the floor is an automatic, material breach of that contract. The customer is legally entitled, at a minimum, to a full refund because the product delivered was not fit to be eaten.
## 4. Statutory and Regulatory Law
While a private citizen would sue under tort law, a restaurant doing this would face immediate **regulatory prosecution** by public health units. Food safety regulations strictly dictate that all food must be stored and prepared in a sanitary manner, completely free from contamination. Witnessing a kitchen serve food off the floor is grounds for immediate health code citations, fines, or total closure of the establishment.
Tuesday, June 16, 2026
Special Purposes of Income Tax v. Pemsall [1891] AC 531. Yes, charity and charitable registration are fundamentally rooted in historical common law principles. [1, 2, 3] Unlike a Community Interest Company (CIC), which is a modern statutory invention, the legal definition of what makes an organization "charitable" has developed over centuries through English common law decisions and equitable principles. [4] While modern UK organizations must register under statutory frameworks like the Charities Act 2011, the courts and the Charity Commission still rely on 400-year-old common law tests to determine if an activity is genuinely charitable. [5]
Yes, charity and charitable registration are fundamentally rooted in historical common law principles. [1, 2, 3]
If it is, then great but if a sale of items is involved, then the activity still attracts sales tax. The income, however, is exempt from tax.
The Common Law Roots of Charity
┌────────────────────────────────────────────────────────┐
│ THE ELIZABETHAN COMMON LAW ROOT │
│ Statute of Charitable Uses 1601 (Preamble) │
│ - First legal codification of charitable purposes │
└───────────────────────────┬────────────────────────────┘
│
│ Developed by Victorian Case Law:
▼
┌────────────────────────────────────────────────────────┐
│ THE FOUR PEMSALL CLASSIFICATIONS │
│ Pemsall Case (1891) Lord Macnaghten's Four Trusts │
│ 1. Relief of Poverty 2. Advancement of Education │
│ 3. Religion 4. Other Community Benefits │
└───────────────────────────┬────────────────────────────┘
│
│ Codified into Modern Law:
▼
┌────────────────────────────────────────────────────────┐
│ MODERN STATUTORY CODIFICATION │
│ Charities Act 2011 │
│ - Expands classifications to 13 statutory purposes │
│ - Retains the Common Law "Public Benefit" Test │
└────────────────────────────────────────────────────────┘
1. The Preamble of 1601
2. The Four Heads of Charity: Pemsall’s Case (1891) [10, 11, 12]
- The relief of poverty.
- The advancement of education.
- The advancement of religion.
- Other purposes beneficial to the community not falling under any of the preceding heads. [13, 14]
3. The Public Benefit Test
Modern Statutory Codification
How this Common Law Background Affects Your Pub Structure
- The Problem with Trading: Under common law principles, a charity cannot exist purely to trade or sell goods. If your charity operates a pub, the law treats it as "unrelated trading" unless the pub order itself directly fulfills a charitable purpose (e.g., a café run entirely as a training program for disabled individuals). [23]
Under common law, this tension between charitable status and commercial activity is one of the trickiest lines to walk. The law is fiercely protective of tax exemptions and charity designations, ensuring they aren't used as a backdoor shield for ordinary commercial businesses.
Here is how the law untangles that problem, separating true charitable action from standard commerce.
1. The Core Legal Distinction: Primary Purpose vs. Unrelated Trading
To maintain charitable status, any trading a charity engages in generally must fall into one of two categories:
Primary Purpose Trading
This is trading that directly furthers the explicit charitable objects of the organization. The transaction itself is the charity's purpose in action.
- The Cafe/Pub Example: As you noted, if a pub or cafĂ© is staffed entirely by under- educated individuals or youth to teach them culinary and life skills, the sale of the burger isn't just generating revenue—it is the mechanism delivering the charitable benefit (job training).
- The Historic Inn Example: Providing safe, subsidized lodging and food to travelers at a remote public house fulfills a direct relief-of-poverty or community-benefit purpose.
- The Tap Terminal Illusion: Using a tap terminal to collect "reasonable donations" for a pub order violates the common law principle of a true gift if there is no charitable purpose that satisfies the code. In equity and common law, a donation must be a pure gift given out of detached generosity. If a customer receives a drink or food in exchange for tapping their card, the common law views it as a contract of sale, not a charitable donation. [24] Evidently, here it is not just for tapping the card but in the furtherance of the charitable purpose.
CLICK here. This is Oleg Wendel Livson for University Network Administration. Warren is our employee and an employee of SDGCK. The Black Cross continues with it's new management since 2008; the Old White Lion is now included also in Finchley. Our service is now card only for all transactions before 8:00 pm. We are open from 8 am; Monday to Sunday. We have new bar staff contractors who have arrived who will, like others previously, operate his own tap card machine on his account. The livery is paid on Friday directly by the pub. Three additional dishwashers will be at the Old White Lion washing for an hour and doing food preparation for an hour; a Barnet footballer, the sushi man and the football kid. Glen is supervising. Our alumni from BPP was there recently. We have a new porter. Don't drop me down. We have to push. The London School of Theology staff, alumni or former staff all receive a 10% discount in addition to any other university staff or alumni; any university. All government retirees and staff also receive a 10% discount. This includes Tube employees. We are assisted by the North Finchley Portuguese Event Managers who will operate the point of sale system and card operations. They are kind of like the owner for the day and will use their own tap card point of sale machine. If you are interested in working with us for a week or longer as the point of sale system operator, contact us. Use your machine. Contact me on Messenger if you have questions.
CLICK here.
This is Oleg Wendel Livson for University Network Administration. Warren is our employee and an employee of SDGCK.
The Black Cross continues with it's new management since 2008; the Old White Lion is now included also in Finchley.
Our service is now card only for all transactions before 8:00 pm. We are open from 8 am; Monday to Sunday. We have new bar staff contractors who have arrived who will, like others previously, operate his own tap card machine on his account. The livery is paid on Friday directly by the pub. Three additional dishwashers will be at the Old White Lion washing for an hour and doing food preparation for an hour; a Barnet footballer, the sushi man and the football kid. Glen is supervising. Our alumni from BPP was there recently. We have a new porter. Don't drop me down. We have to push.
The London School of Theology staff, alumni or former staff all receive a 10% discount in addition to any other university staff or alumni; any university. All government retirees and staff also receive a 10% discount. This includes Tube employees.
We are assisted by the North Finchley Portuguese Event Managers who will operate the point of sale system and card operations. They are kind of like the owner for the day and will use their own tap card point of sale machine.
If you are interested in working with us for a week or longer as the point of sale system operator, contact us. Use your machine.
Contact me on Messenger if you have questions.
We will be having a video conference call very soon also. All interested parties are invited. The link will be provided.
The breakfast special is two portions of bacon with two eggs and one slice of toast with coffee and tea; £5.00 as an all day special until June 2026.
We are alive and happy. We have chosen responsible people to work with us who have Territorial Army associations (at least one year of experience). The SDGCK along with University Network administration are working with us.
This is a non profit operating structure as we reserve the right to provide services and receive the reasonable donation as paid on a non profit basis for the pub orders with the tap card payment terminal. The operator or contactor has confirmed he is not an employee but is receiving a stipend with the use of the tap card payment terminal for his volunteer service to our charity/church management group. The contractor has arrived and set up his machine and it must be a machine for the hours indicated, because he agrees to the basic terms. At this time we are being assisted by the Crouch End Vampires with the point of sale system card operations.
There is no chance of getting around with stealing.
Don't think there is any exception if you are related to a bus driver. There is no code from us required to send the wire transfer.
If the .CSV file is not sent by email and if the key payments outlined below are not sent, the money credited into your account will be reversed. Once you have sent them, the money is retained in your account. Then you can return the next day and succeed again. The list of volunteers on site is recorded every day and also sent by email.
If you were there to assist and did not get through, please send us an email and let us know your experience. I'm Sorry it didn't work but you will always get 10% off your food orders. Thank you.
All pubs are monitored. There is a zero tolerance response to any failures to agree with procedures as noted below.
The contractor supporting the University Network Administration as of May 2nd, 2026, will see the sum in his account collected per day from his efforts and after the donation to SDGCK with Warren Lyon and the Anglican Church. See below. Your account will be debited for 22% per day. The tap card collection ends at 8:30 pm.
University Network Administration with SDGCK will apply some donations to fund the volunteer stipends for students in the UK. That involves 4 different groups of students a day at £25 for 3 hours work. All volunteers must be 16 years of age. A different group of four appear every day; 7 days a week. Each group will volunteer for two 3 hour shifts per week. They are paid by the pub.
The 22% debited by the system is sales tax, also the livery delivery and Alcohol license fee. You are like the guy who rented it and you only have to think of a few things and complete a few simple tasks to stay in. You are not worried about the tap card system. It works.
Two existing staffers on site since 2010 will open and close and will expect the volunteer stipend of £130.00 for their work at the end of the day as paid from the cash only orders collected at 8:00 pm to closing. These staffers will not administer a noxious substance to the contractor. Their stipend is paid for with the "cash only" orders at end of day. The operation is "card only" before 8:00 pm.
We expect all payments to be made. If there are no special exceptions listed here, then by 09:00 am, in the usual case after collecting for 1.5 hours and before collecting for the bar all day, with the Visa money transfer payments system in your online banking portal £200.00 is paid per day and sent by money transfer to SDGCK Account with name Warren Lyon at CIBC Simplii Financial with account ending with the last 3 digits being 750. The details are below. We suggest you make the transfers by 09:00 am in the morning. You must do this. You continue to use the electronic card payment system until 8 pm.
You must make these transfers by 09:00 am; the same day and every day. By attending the pub, intending to collect and actually collecting the payment with your debit card point of sale terminal, you are in agreement to abide by these terms in contract. Otherwise, someone is responsible in trespass.
Canadian Direct Deposit Details* Financial Institution 010 at CIBC Simplii Financial Canada. Transit number 30800. Name on Account: Warren Lyon. Account number 0110028750. Swift code CIBCCATT.
Email the .csv by 10 pm the same day to angelronan.sdgckwrite@blogger.com and to info.angelronan@mail.com.
There is one tap card box for all operations that includes the pizza at the Black Cross.
You will also pay to All Saints PCC High Wycombe
Sort code: 40-52-40, Account: 00012185 this amount: £24.00 per day.
You can use a dashboard camera if you wish to watch your tap card terminal.
If you collect at the pub and also make the requisite payments for ten days, you will get a two year berth at the location. You can hire someone to collect on your box if you cannot be there personally. If you collect but fail to pay only once, you can no longer collect in this zero tolerance policy. It's a temporary partnership. By virtue of your attendance, you and all the volunteers fully indemnify Warren A. Lyon and SDGCK for any loss, harm or injury suffered.
You will keep and receive the remainder of the tap card earnings on your account every day and the amount will be pending until the work is completed that includes sending the .CSV file for the day by email to info.angelronan@mail.com by 10:00 pm.
This is not too onerous in terms of tasks.
If you do not make these requisite payments and if you do not send the .CSV file from the tap card box app, you cannot return there except as a customer. The tap card collection may be cancelled entirely and the funds retained.
The food at the Porchester is 50% off for the local police according to Charlie. Send us an email.
If you steal 9 apples and sell them out of your hat at the overground station, you will be independent but nicked.
The all day breakfast is £5.00 with a coffee or tea.
If you are interested in being an operator full time or part time, let us know. Send your resume to us using this email address: info.angelronan@mail. com.
SDGCK is now producing a £ 5 Hot Dog and French Fries special at the Black Cross in Crouch End, North London near the Barclays Bank. You pay £7 if you include a half pint or regular soda deal. There is a £7 half fish with chips and and half pint or regular soda deal. There is also a £7 burger, small chips and half pint or regular soft drink
They will be running a long term PERFETTO™ Pizza pop up at the Black Cross. "Give me..Free"; The PERFETTO™ menu and orders begin on Monday with a simple take out and eat in menu. See the sign in the window for the medium and large only pizzas; competitively priced at £5 and £10. The pizzas are super veggie, the Tuna, the Cheese, the ground beef and the Pepperoni; same price. If you want extra sauce or extra cheese just say, " double sauce and double cheese...no charge". You get your extra sauce and cheese at no extra charge. The agreement and licensing fee is set for payment by 11:59 pm. The Operators at Black Cross send their daily work sheets to info.angelronan@mail.com.
SDGCK™ is a trade name of the following legal entities; Londinium International Incorporated and Warren A. Lyon.
Final.
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Bank of Montreal v. Farquharson, 2011 ONCA 52 (CanLII) Document History (0) Cited documents (0) Treatment (0) Date: 2011-01-20 File nu...

