Conduct falls within the scope of employment where it is of the kind the employee was hired to perform, occurs substantially within authorized time and space limits, and is actuated at least in part by a purpose to serve the employer.
Substantial personal deviations, described as frolics, fall outside the scope.
Alternative Names:
Course and Scope, Within the Scope
Why it Matters?
In trucking the analysis matters less than in other contexts because federal leasing regulations impose liability regardless of employment characterization, but it still arises for personal use of the tractor, deviations from the assigned route, and conduct during off-duty periods. The frolic and detour distinction determines which insurance responds, since non-trucking liability coverage applies precisely when the vehicle is not in the carrier's service.
Frequently Confused with
Related terms
Frequently asked questions
What is the difference between a frolic and a detour?
Does scope of employment control in trucking cases?
