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Justification for a corporate policy to mitigate liability for an employee’s tortious act

In this assignment, you will justify a corporate policy to mitigate liability for an employee’s tortious act.  Specifically you will create a policy statement that will be distributed to employees distinguishing a frolic from a detour and, thereby, limiting corporate liability.

When weighing whether to assign liability to an employer for an employee’s tortious act, the law makes a distinction between a “detour” and a “frolic.”  The employee AND the employer are held responsible for injuries to a third party when the employee caused harm while on a mere detour.  Only the employee is liable when the injury was caused during a frolic.  Unfortunately, there is no legal “bright line” to denote when a detour is transformed into a frolic.

From the vantage point of an employer tasked with educating employees on the difference between a detour and a frolic, what would you say?

Based on your readings, discussions, and From the Experts (FTEs), write a   2-3 pages policy statement, using APA style for citations, to be distributed to employees, distinguishing a frolic from a detour.

  • Explain the purpose of the policy.
  • Define “frolic” and “detour.”  Give specific examples to clarify the definitions.
  • Inform employees of the consequences of a “frolic” and of a “detour.”

 

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Category: Sample Questions