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.
If parties to a contract can seriously foresee the occurrence of an event or events but make no provision for it in the contract, and then seek to rely upon the event as frustrating the contract, it may be inferred that the parties accepted the risk of the occurrence of the event and the contract not being found to have been frustrated.