What is the primary distinction between a detour and a frolic in the context of employment?

The primary distinction between a detour and a frolic in the context of employment revolves around the scale of deviation from an employee's work responsibilities. A detour is characterized as a minor deviation from the employee's course of duty, meaning that it is a slight diversion that does not take the employee far from the task they were assigned. In contrast, a frolic represents a significant departure from work duties, where the employee engages in activities that are entirely personal and unrelated to their work responsibilities.

This distinction is crucial because it impacts the employer's liability. When an employee commits a detour, they may still be acting within the scope of their employment to some extent, which can result in the employer being liable for any tortious actions arising from that detour. On the other hand, with a frolic, the employer is generally not held liable since the employee has effectively stepped outside the bounds of their employment duties.

The reasoning underlying this distinction emphasizes the nature of the employee's actions and their relationship to their work, rather than simply the authorization status or spontaneity of the behavior. Being aware of these nuances helps clarify the legal principles regarding vicarious liability in tort law, particularly how an employer's accountability is determined based on the actions of their employees