What is the "frolic and detour" doctrine in agency law?

The "frolic and detour" doctrine in agency law addresses situations where an agent deviates from their employer’s instructions or scope of employment. When an agent is performing duties on behalf of their principal but takes a substantial detour or engages in personal activities unrelated to their work, this doctrine comes into play.

If the agent’s actions are considered a "frolic," meaning they are acting primarily for their own benefit rather than pursuant to the employer’s business, the principal is not held liable for the agent's conduct that occurs during this period. Conversely, if the agent is merely on a “detour,” which represents a minor deviation from their work tasks for personal reasons, some liability may still rest with the principal if the detour is within an acceptable range of their employment duties.

This distinction is essential in tort liability cases involving an agent’s conduct during employment. The doctrine helps clarify the extent of the principal’s liability when an agent’s actions fall outside the expected parameters of their job responsibilities, thus establishing a framework for understanding the legal responsibilities of both parties in the employer-agent relationship.