Sunny works for Mohan as a Driver of a Large Van which is used for delivering the food to the events. Painted on the side of the Van being driven by Sunny - are the words "Taj Mahal Catering".

Sunny works five days a week and makes all his deliveries in accordance with Mohan's' instructions.

Sunny is not permitted to let anyone else do the deliveries.

Sunny can wear what he likes and not required to wear any special uniform.

Sunny owns the Van himself. He purchased the Van with a Bank Loan recently. He is responsible to pay for his own maintenance and repairs of the Van.

One day, because Sunny was running late making a delivery, he started speeding -and travelling at doing 60 Kilometre per. hour in a 40 Kilometre zone.

As a result, Sunny drove through a red light and crashed into the back of Maria's car causing car damages and a leg injury.

Maria, seeing the SIGN on the side of the Van, threatens to sue Mohan for her losses.

Sunny has caused her $12,000 in damages to her car, and $6000 in medical expenses for a broken leg.

She had previously signed a Contract to be in a 'Bollywood Movie in India' for a fee of $1million. However, due to this Car accident and her leg injury, she now cannot travel to India - and has lost the Movie Contract.

Mohan is refusing to pay anything to maria, claiming that he is not liable for the damages - because Sunny is an 'Independent Contractor' and not his 'Employee".

Required:

Under 'Employment Law' explain and discuss -

a) The Test that the Courts could use to determine whether Sunny is an 'Independent Contractor' or an 'Employee', and, whether Sunny is more likely to be an Employee.

b) The possible Remedies available to Maria if she were to succeed in her action against Mohan.