Frolic and Detour: What Do They Mean in Terms of Business Law?

The terms frolic and detour are derived from the Latin phrase, “frolic and detour”, which refers to the idea of going around an obstacle or taking a different route. In terms of business law, frolic and detour are used to describe tortuous acts or actions outside of an employee’s scope of duties. When an employee engages in business activities beyond those required of him or her by a company, this is known as a ‘frolic,’ or a ‘detour.’

Today, these concepts are largely used to refer to employees who stray from a job’s expected tasks and do something outside their job descriptions. This behavior may be seen as a breach of company policy, and legal liability can be established if the employee ventures beyond the scope of work they’ve contracted to complete.

What Are Some Examples of Frolic and Detour?

A prime example of a frolic or detour is an employee who takes a ‘side’ project for a different client or company while they are employed by their company. While it is possible for an employee to take on a side project, these types of actions are typically forbidden under most employment contracts. The employee may be subject to disciplinary actions or financial penalties if caught engaging in such an activity, depending on the implications of their actions.

Another example of a frolic and detour is if an employee attempts to complete their job through unconventional means. For instance, if a sales representative gives away free samples of a product as a result of their own initiative, this would be considered a detour from the job they’ve already been contracted to do. Any sort of personal venture tacking on to their listed job responsibilities can be considered a detour or a frolic.

What Are the Legal Implications of Frolic and Detour?

When it comes to Frolic and Detour, there are a variety of legal implications. Companies may be held liable for employee actions that venture outside of their job descriptions. It’s important for business owners to take the time to thoroughly outline their employee policies and responsibilities, in order to restrict any possible deviations from the accepted behavior.

Want to explore this concept further? Ask Legalpedia AI — get a plain-English explanation instantly, free.

In addition, it’s important to ensure that any business activities an employee engages in are in accordance with the law. Any legal consequences that occur as a result of a frolic or detour can be very serious, and it’s important to be aware of these potential risks when developing business policies.

Related Legal Concepts

Understanding frolic and detour often intersects with broader employment law principles, particularly when examining workplace harassment policies and employee conduct standards. These concepts also relate to issues of hazard insurance coverage, as employers must consider liability risks when employees act outside their authorized scope of work.

The Bottom Line

Frolic and detour doctrine helps determine when employers may be held liable for employee actions that fall outside their job responsibilities. This legal principle is crucial for both employers drafting comprehensive policies and employees understanding the boundaries of their authorized work activities. For guidance specific to your situation, always consult a qualified, licensed attorney.