A major airline just filed a Chapter 7 bankruptcy petition, and the petition was approved. The bankruptcy trustee will give the highest priority to unpaid claims that are:

1. Unpaid income taxes owed to the IRS
2. Unpaid landing fees owed to airports that are paid monthly in the ordinary course of business
3. Unsecured claims asserted by banks that financed the purchase of airplanes
4. From customers who purchased airline tickets but the flights were cancelled

While riding as a passenger in an Uber car, the driver drives recklessly and you suffer a back injury. Prior to that event, the company Uber verified that the driver had a perfect driving record. Assume that, according to a recent court ruling, an Uber is an independent businessperson, not an agent of Uber.

If you were to going to sue the Uber driver, what legal theory or theories would be appropriate?

1. Breach of contract only
2. Tort liability only
3. Breach of the implied warranty of merchantability only
4. Breach of contract and tort liability only