What is a frolic and detour?

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.

What is a Frolic?

A frolic is when an employee abandons the employer’s business objectives and pursues personal interests.

What is a 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.

• Example: An employee providing services for her employer at the location of a client is an agent acting within the scope of her employment. If, however, the employee takes the company vehicle and goes on a personal errand that is not authorized, the employee is likely outside the scope of her employment. Suppose while running these errands she gets into an automobile accident that is her fault. The employer would be able to argue that the deviation from her duties as an employee was a frolic and detour and relieved her of liability for the employee’s tort.