Vicarious liability is a form of strict liability under which a person is held responsible for the wrongful act of another, by virtue of the relationship between them. In the employment context, an employer is vicariously liable for the torts committed by an employee acting in the course of their employment. The key test is whether the employee was acting within the scope of their employment at the time the wrong was committed. Acts that are so far removed from what an employee was engaged to do, or acts committed for entirely personal motives, may fall outside the scope of employment.
The 'frolic' doctrine holds that where an employee deviates significantly from their authorised duties for their own purposes, they are said to be on a 'frolic of their own' and the employer is not liable. A mere 'detour' — a minor deviation — does not break the employer's liability. Indian courts have generally adopted this distinction.
The doctrine extends to acts that are wrongful modes of performing an authorised act. If an employee is authorised to drive a company vehicle for deliveries but drives recklessly and causes an accident, the employer will be liable even though reckless driving was not authorised — because the authorised task was being performed, albeit wrongfully. However, if the employee uses the company vehicle for a personal trip and causes an accident, the employer may not be liable.
