Tuesday, July 22, 2008

"Frolic" v. "Detour"

10. A common agency law scenario is one in which an agent commits a tort while not actually on the work site, i.e. while on her way home for lunch, or on her way to the job site after taking a trip to the mall. In these cases, you have to analyze whether the agent's deviation from her work was a "frolic" or a "detour."

A frolic refers to a new and independent journey that is outside the scope of the agency.

A detour refers to a mere departure from an assigned task that is still within the scope of the agency.

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