Frolic and detour - sustany/dvg GitHub Wiki

Frolic and Detour is a phrase describing actions taken by an employee that fall in varying degrees outside of the scope of employment. Generally, a �detour� constitutes a minor departure from an employee�s duties but is still considered acting within the scope of employment, whereas a �frolic� would be a major departure from the scope of employment undertaken for that employee�s own benefit.

The phrase originated in Joel v. Morison, an English case from the 1800s, which clarified that a master is liable for actions a servant takes stemming from a master-servant relationship (now known as an employment relationship) where a servant takes a �detour� while acting in the scope of employment, but is not liable where a servant goes on �a frolic of his own� that exceeds the scope of employment. The Frolic and Detour language is still cited in cases such as O�Connor v. McDonald�s Restaurants which invoke the doctrine of respondeat superior to assess the extent of an employer�s liability for an employee�s actions under tort law.

Additionally, an employment relationship is considered suspended during commutes to and from a place of employment as there is no service rendered during this time, so Frolic and Detour is not typically implicated in these circumstances.��