One, the then-26-year-old had a lot of seniors on the roster. Two, none was taller than 6-foot-3, so he needed 6-foot-7 Leroy Smith for size, instead of the 5-foot-10 Jordan. And, three, to give Jordan more playing time as a starter with the jayvee, rather than a benchwarmer for the varsity.
Express assumption of risk occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior. 58. (p. 107) Implied assumption of the risk occurs when a plaintiff implicitly assumes a known risk. 59.
Indeed, the vast majority of criminal cases are resolved through a written plea agreement in which the defendant waives the right to trial and admits guilt of criminal activity in exchange for the most serious charge(s) being dropped by the District Attorney.