Jeremy is a freelance editor and signed up to a service called Zollow which pairs freelance editors withbook publishers looking to hire free lance editors. All payments from the book publishers are made through Zollow to the editor, and the terms and conditions of Zollow stated that the editors would be hired by the book publishers as independent contractors.

Through Zollow, Jeremybegan working for Square Books which hired him to editor a series of five books and agreed to pay him $1,000 per book (which was paid through Zollow). After the books were complete, Square Books began to regularly provide work to Jeremy. Over the next three years, Square Books provided Jeremy with his own email address, included him in events organised by the business, had Jeremy assist with other parts of the business such as meeting authors and marketing, but Square Books continued to pay Jeremy through Zollow and refer to him as an independent contractor.

Square Books instructed Jeremy to drive to drive to Ben Flush's house to discuss a book Ben was writing which Jeremy was set to edit. While parking his car, Jeremy accidentally hit the accelator and drove through a wall of Ben's house, which resulted in both Jeremy and Ben being injured, and significant damage to the house.

Advise Square Books:

(a) Are they vicariously liable for Jeremy injuring Ben and the damage to Ben's house?

(b) Are they liable as an employer for the injuries suffered by Jeremy?