Legal Definitions - frolic and detour

Frolic and Detour is a legal term used to describe actions taken by an employee that fall outside of their job duties. A "detour" is a minor departure from their duties, while a "frolic" is a major departure taken for the employee's own benefit. This term is used to determine an employer's liability for an employee's actions under tort law.

Imagine a delivery driver who is tasked with delivering packages to customers. If the driver stops to grab lunch on the way to a delivery, that would be considered a "detour" and the employer would still be liable for any accidents or incidents that occur during that time. However, if the driver decides to take a long break to go shopping for personal items, that would be considered a "frolic" and the employer would not be liable for any incidents that occur during that time.

The Frolic and Detour language is still used in legal cases to determine an employer's liability for an employee's actions. For example, in the case of O'Connor v. McDonald's Restaurants, the court used the Frolic and Detour doctrine to determine whether the employer was liable for an employee's actions outside of their job duties.

It's important to note that an employee's commute to and from work is not considered part of their job duties, so Frolic and Detour is not typically implicated in these circumstances.