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Frolic and detour
Frolic and detour in the law of torts occur when an employee (or agent) makes a physical departure from the service of his employer (or principal). A detour occurs when an employee or agent makes a minor departure from his employer’s charge, whereas a frolic constitutes a major departure wherein the employee is acting on his own and for his own benefit, rather than a minor sidetrack in the course of obeying an order from the employer. The employer will be relieved of vicarious liability, which is usually assessed through the doctrine of ''respondeat superior'' for torts committed by the employee, only if the employee has deemed to engaged in a frolic.〔(Barexamstrategy.com )〕 Similarly, in the law of workers' compensation, an employer is not liable for injuries incurred by an employee during a frolic; whereas the employer can still face liability for the results of a detour.
The term was coined in ''Joel v Morison''.
==Underlying rule of liability==
An employer is vicariously liable for the unintentional torts of his employees. Similarly, a principal is liable for unintentional torts committed by an agent. This rule extends to partners in a partnership, who act as agents for one another, making each partner liable for unintentional torts committed by other partners while working for the benefit of the business. A frolic presents a situation that absolves employers, principals, and partners of this liability. A detour, comparatively, still allows a judge or jury to assess liability upon the employer, as the agent’s/employee’s actions will not be considered so far beyond the scope of employment as to absolve the employer/principal from liability without a factual assessment.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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