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. 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.