harassment

Question 1

What is the Test

Answer 1

1. has D embarked on a ‘course of conduct’
2. did that ‘course of conduct’ cause ‘alarm/distress’ or otherwise harass P
3. was the course of conduct intended to be harassing, or was it objectively so
4. Does D have a valid defence
5. which remedy should P seek

Question 2

how many times does the course of conduct need to be

Answer 2

Protection from Harassment aact 1997 s8(3) - the course of conduct must have conduct which occurs on 2 occasion

Question 3

defences to harassment

Answer 3

PFHA 1997
s8(4)
a) authorised by an enactment of law
b) pursued for the purpose of preventing crime
c) in the circumstance, was reasonable

Question 4

remedies

Answer 4

PFHA 1997
s8(5)
a) award damages
b) grant interdict or interm interdict
c) non-harassment order

Question 5

what would require damages

Answer 5

PFHA 1997
s8(6)
- damages can be awarded for anxiety and financial loss caused by the harassment