Gregory C. Keating
William T. Dalessi Professor of Law, University of Southern California Law School

This paper emerged out of my collaboration with Lewis D. Sargentich on Robert E. Keeton et al., Cases and Materials on Tort and Accident Law (3d ed. 1998)
[hereinafter Keeton et al., Cases and Materials]. While I am indebted to Lew for innumerable conversations on the subject matter of this paper, I am even more indebted to the materials he assembled, edited, and commented on in Chapter 20 of the casebook and to his discussion of those materials in the pages of the Teacher's Manual that accompany the chapter [hereinafter Keeton et al., Teacher's Manual]. I am also grateful to the participants in faculty workshops at the USC and Northwestern Law Schools and at the Cegla Institute Conference on "Negligence in the Law," held at Tel Aviv University Faculty of Law on June 4-6, 2001. I am particularly grateful to Scott Altman and Hanoch Dagan, who provided, respectively, excellent commentary at the USC Workshop and the Cegla Institute Conference and to Ron Garet, Ed McCaffery, and Larry Simon. I have also benefited greatly from an exchange of e-mails with Mark Geistfeld.