In vicarious liability, the scope of employment generally includes detour but not frolic. Which statement is accurate?

In vicarious liability, the scope of employment generally includes detour but not frolic. Which statement is accurate?

• A. Both Detour and Frolic are within scope
• B. Frolic is within scope, Detour is outside
• C. Detour is within scope, Frolic is outside
• D. Neither Detour nor Frolic are within scope

Answer: (C)

In vicarious liability, whether the employer can be held responsible turns on the scope of the employee’s work. A detour is a minor deviation from the route or task that is still connected to the employer’s business; because the deviation is incidental and the employee remains engaged in the job, the act stays within the scope, so the employer can be liable for torts during a detour. A frolic, by contrast, is a substantial, personal departure from the employer’s business, taken for the employee’s own purposes; when a frolic occurs, it normally falls outside the scope, and the employer is not liable for torts committed during that time. So the accurate understanding is that a detour is within scope while a frolic is outside. For example, a delivery driver who briefly stops to pick up a tool needed for the job is a detour and typically keeps the employer liable; but if the driver leaves the route to take a long personal trip, that’s a frolic and the employer wouldn’t be liable.

In vicarious liability, whether the employer can be held responsible turns on the scope of the employee’s work. A detour is a minor deviation from the route or task that is still connected to the employer’s business; because the deviation is incidental and the employee remains engaged in the job, the act stays within the scope, so the employer can be liable for torts during a detour. A frolic, by contrast, is a substantial, personal departure from the employer’s business, taken for the employee’s own purposes; when a frolic occurs, it normally falls outside the scope, and the employer is not liable for torts committed during that time. So the accurate understanding is that a detour is within scope while a frolic is outside. For example, a delivery driver who briefly stops to pick up a tool needed for the job is a detour and typically keeps the employer liable; but if the driver leaves the route to take a long personal trip, that’s a frolic and the employer wouldn’t be liable.