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Agency • Liability of Principal for Agent's Torts
AG#007
Legal Definition
A detour is a simple departure from an assigned task, and falls within the scope of a principal-agent relationship. A frolic is a new and independent journey, which means it falls outside the scope of the relationship.
Plain English Explanation
Imagine you asked three different employees—Amy, Bob, and Sam—to run errands for your business. You ask Amy to go get coffee for the office, Bob to go pick up a box of office supplies, and Sam to pick up your suit from the cleaners. All three of employees end up getting into accidents. Amy got into an accident on her way to the coffee shop, Bob got in an accident on his way to get gas, and Sam got in an accident on his way to visit his girlfriend who lives near the cleaners.
You are liable for Amy's accident, because she was on her way to the place you told her to go. You are also liable for Bob's accident, because him filling up his gas tank would be merely a detour in the ultimate pursuit of accomplishing his errand. However, you are arguably not liable for Sam' accident, since his decision to first travel to his girlfriend is a completely independent journey that has nothing to do with his assigned task, otherwise known as a frolic.
You are liable for Amy's accident, because she was on her way to the place you told her to go. You are also liable for Bob's accident, because him filling up his gas tank would be merely a detour in the ultimate pursuit of accomplishing his errand. However, you are arguably not liable for Sam' accident, since his decision to first travel to his girlfriend is a completely independent journey that has nothing to do with his assigned task, otherwise known as a frolic.
Visual Aids
Related Concepts
Generally, when are an agent's actions within the scope of a principal-agent relationship?
What are the requirements for a principal-agent relationship to be established?
When are intentional torts considered within the scope of an agency relationship?
When is a borrowing principal liable for torts committed by a borrowed agent?
When is a principal liable for torts committed by an independent contractor?
When is a principal liable for torts committed by a sub-agent?
When is a principal vicariously liable for torts committed by its agent?