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Mike is completing a business degree at the university. He has a part time job doing deliveries for Pasta to Go, a fast food outlet. For this he provides his own vehicle, however, is required to wear a shirt with Pasta to Go’s logo on it, in addition to carrying an identification card bearing the same. Mike can choose when to work and is paid by the hour. On one particularly busy night, Mike left the engine of his car running while making a delivery to a customer’s home. However, he forgot to engage the hand brake of his car which then rolled down the customer’s driveway finally smashing into their garden wall. The customer is now claiming compensation from Pasta to Go for the damage caused to their wall, however, Pasta to Go is denying responsibility claiming that it is Mike they should be seeking compensation from.
With reference to the principles distinguishing employees from independent contractors, explain whether or not Pasta to Go is correct in denying responsibility for the damage caused by Mike’s car to their customer’s wall.
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