Legal Definitions - frolic

In legal terms, a frolic refers to a situation where an employee makes a significant and substantial departure from their work duties to pursue personal interests, completely unrelated to their employer's business.

When an employee is on a "frolic," their actions are considered to be entirely outside the scope of their employment. This distinction is crucial because it generally means the employer cannot be held legally responsible for any harm, damage, or accidents the employee causes during this personal deviation. It represents a clear break from the employer's business, as opposed to a minor or temporary detour that might still be considered part of the job.

• Example 1: The Delivery Driver's Personal Errand

  A package delivery driver finishes their assigned route early and, instead of returning directly to the depot, decides to drive 30 miles in the opposite direction to pick up a new gaming console they ordered from a private seller. While on this personal detour, the driver runs a red light and causes an accident.

  How it illustrates "frolic": The driver's decision to travel a significant distance for a purely personal purchase, completely unrelated to package delivery, constitutes a "frolic." The employer would likely not be held liable for the accident because the driver was not acting within the scope of their employment at that time.

• Example 2: The Salesperson's Weekend Getaway

  A regional salesperson is on a multi-day business trip to meet clients in a particular city. After completing all their scheduled meetings on a Friday afternoon, they decide to drive several hundred miles to a different state to spend the weekend at a music festival, planning to return to their business route on Monday morning. On the way to the festival, they are involved in a collision.

  How it illustrates "frolic": Driving hundreds of miles for a personal entertainment event, far removed from the business purpose of the trip, is a significant departure from their work duties. This would be considered a "frolic," meaning the employer would likely not be vicariously liable for the accident.

• Example 3: The Construction Worker's Home Project

  A construction worker is instructed to use a company truck to transport a specific piece of equipment from one job site to another, a journey that typically takes 20 minutes. Instead, the worker decides to drive the truck to their own home, which is an hour out of the way, to pick up some personal tools for a home renovation project. While backing out of their driveway with the company truck, they accidentally damage a neighbor's fence.

  How it illustrates "frolic": The worker's decision to use the company vehicle for a lengthy, purely personal errand (picking up tools for a home project) represents a substantial deviation from their assigned work task. This personal use of company resources for a non-work purpose would be considered a "frolic," and the employer would likely not be responsible for the damage to the neighbor's fence.