Frolic and Detour: Key Concepts in Tort Law Explained
Definition & Meaning
The term "frolic and detour" is used in tort law to describe situations where an employee or agent deviates from their employer's instructions. A "detour" refers to a minor deviation from assigned tasks, while a "frolic" indicates a major departure where the employee acts independently for personal benefit. Understanding these distinctions is crucial in determining liability in cases of accidents or misconduct that occur during such deviations.
Legal Use & context
Frolic and detour is primarily relevant in the context of tort law, particularly in cases involving employer liability. It is often discussed in civil cases where an employee's actions may lead to harm or damage while they are on the job. This concept helps clarify whether an employer can be held responsible for the actions of their employees during work-related tasks. Users can manage related legal documents using templates available through US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employee stops at a coffee shop on their way to a client meeting. If they are late due to this stop, it may be considered a minor detour, and the employer could still be liable for any issues that arise.
Example 2: An employee leaves work early to attend a personal event and gets into an accident. This would likely be classified as a frolic, and the employer may not be held liable for any damages incurred. (hypothetical example)