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Simple English definitions for legal terms
frolic and detour
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A quick definition of frolic and detour:
Frolic and Detour: When someone is working for a boss, they have to do things that their boss tells them to do. Sometimes, they might do something a little different from what their boss said, but it's still okay because it's related to their job. This is called a "detour." But if they do something really different from what their boss said, and it's just for themselves, that's called a "frolic." If someone gets hurt because of a detour, the boss might be responsible, but if it's a frolic, the boss is usually not responsible. This is called the "Frolic and Detour" rule. It doesn't apply when someone is going to or from work, though.
A more thorough explanation:
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.