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A “frolic and detour” is a general defense to vicarious tort liability. It states that the principal should not be liable for the tortious acts of the agent when the agent is acting outside the scope of her employment and for the benefit of someone other than the employer. Plainly stated, an employee who is on a frolic or detour is no longer acting for the employer. Frolic - A frolic is when an employee abandons the employer’s business objectives and pursues personal interests. Detour - A detour occurs when an employee substantially deviates from an employer’s instructions or rules. Generally, both a frolic and detour must be present to relieve an employer from liability for the agent’s actions. For further written and video explanation, discussion and practice questions, see What is a "Frolic and Detour"?
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