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Question
QuickCart contracted with Omar to deliver groceries. The written agreement called Omar an independent contractor and required him to provide his own car. QuickCart, however, required Omar to wear a QuickCart shirt, accept delivery assignments through QuickCart's app, follow the app's route sequence unless a dispatcher approved a change, and complete each delivery within a stated time window.
While carrying a customer's groceries in his car, Omar drove two blocks off the app route to buy coffee. As he pulled away from the coffee shop to resume deliveries, he negligently struck a pedestrian. The pedestrian sued QuickCart, claiming that QuickCart is vicariously liable for Omar's negligence.
Is QuickCart likely vicariously liable? Discuss.