No vicarious liability where employee "on a frolic of his own"

In N v Chief Constable of Merseyside Police the High Court held that the Chief Constable was not vicariously liable for an assault carried out by a policeman employed by the Merseyside force. It was clear on the facts that the policeman had used his position as an opportunity to commit the assault and was "on a frolic of his own". As the police owe no specific duty of care to potential victims and the actions of the policeman were not closely connected to his employment, it was not fair or just to impose vicarious liability on his employer. Although this case relates specifically to the police, it applies general common law vicarious liability principles which are relevant for all employment relationships.