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.
DEFENSES TO PERFORMANCE OF INSTALLMENT. CONTRACTS. When a party to an installment contract for the sale of goods has re-. fused or failed to perform a duty arising from the contract, the nonbreach-. ing party may have a right to declare himself discharged from all future. obligation under the contract, or, a temporary right to suspend his own.