DE · jury_instructions
Del. P.J.I. Civ. § 18.5
Agent Tending to Personal Affairs (“frolic and detour”)
WHEN EMPLOYEE TENDS TO PERSONAL AFFAIRS AND
AT THE SAME IS ACTING WITHIN SCOPE OF EMPLOYMENT
If an employee is acting within the scope of [his/her] employment, the
employer is liable for any acts or omissions that occur during the course of
employment. But if an employee acts for strictly personal reasons, then the employer
is not liable.
In this case, you must decide whether [employee’s name] acted within the scope
of [his/her] employment when [he/she] [describe disputed activity of employee].
(1) Conduct by an employee is within the scope of employment if, but only
if:
(a) the conduct is of a type that the employee is hired to perform;
(b) the conduct occurs substantially within the authorized time and
space limits of the work; and
(c) the conduct is motivated, at least in part, by an intent to serve the
employer.
(2) Conduct by an employee is not within the scope of employment if it is
different in kind from what is authorized, far beyond the authorized time or space
limits, or too little motivated by an intent to serve the employer.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
c6f7e6667637cfb4daa0ca9b85f6d48502e7409540fbbc97627b9bde30f56760
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