While working, a bicycle delivery boy knocked down and injured a pedestrian walking on the sidewalk

While working, a bicycle delivery boy knocked down and injured a pedestrian walking on the sidewalk. The injured person sued Grover Eats, the company for whom the bicycle courier was working, on the basis that the bicycle delivery boy was an employee of Grover Eats and so the company was vicariously liable for the actions of its employee. Grover Eats argued that the bicycle deliver boy was an independent contractor and not its employee, and therefore it wasn't liable for his actions.

You are required to answer the following:

(a)   What is the difference between an Employee and an Independent Contractor?     (5 marks)

(a)   What are the factors that will need to be considered to determine whether the bicycle delivery boy is an employee or only an independent contractor of Grover Eats?   (5 marks)