Detour (Something in Common Book 1)

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Similarly, in the law of workers' compensation , an employer is not liable for injuries incurred by an employee during a frolic, but the employer can still face liability for the results of a detour. The term was coined in Joel v Morison. An employer is vicariously liable for the unintentional torts of his employees. Similarly, a principal is liable for unintentional torts committed by an agent.

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This rule extends to partners in a partnership , who act as agents for one another, making each partner liable for unintentional torts committed by other partners while working for the benefit of the business. A frolic presents a situation that absolves employers, principals, and partners of this liability.

To constitute a frolic or detour, the activity must be unrelated to the employer's business. However, in order for liability to be absolved, the employee must be engaged in a frolic, and not simply a detour which may or may not result in absolution depending on additional circumstances. Were he to negligently hit a pedestrian, his employer could likely still face the prospect of vicarious liability. Factors relevant to determining whether an individual was engaged in a frolic or detour in a specific circumstance include, but are not limited to the following:.

Thus, where an employer negligently permits an employee who is known to be a reckless driver, or should have been known with a basic amount of investigation that is reasonable for most employers to perform, to use a company vehicle the employer will be liable to those injured when the employee causes a car accident, even if the employee was on a frolic at the time.

From Wikipedia, the free encyclopedia. The examples and perspective in this article may not represent a worldwide view of the subject. You may improve this article , discuss the issue on the talk page , or create a new article , as appropriate. October Learn how and when to remove this template message. This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Archived from the original on July 7, Categories : Tort law Labour law.

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