Principle: A master is not liable for torts committed by an employee when the employee is on an independent frolic of his own.
Facts: A delivery driver detours 25 kilometers away from his delivery zone to visit his personal friend and causes an accident during the detour. Is the employer liable?

Answer and explanation

Correct answer: B. No, the substantial deviation constituted an independent frolic outside employment scope

  1. Step 1: Distinguish between a minor detour and an independent frolic in vicarious liability.
  2. Step 2: A minor deviation on the journey remains within the course of employment, but an entirely independent journey (25 km detour for personal visit) is a frolic of his own.
  3. Step 3: The master is not vicariously liable for torts committed during such an independent frolic.
Answer
No, the substantial deviation constituted an independent frolic outside employment scope.

Practise more Torts: Vicarious Liability, Nuisance and Defenses.

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