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.
It is hereby stipulated, by and between the Plaintiff (Cap One) and defendant (Me) as follows: 1. This matter has been settled and compromised pursuant to the terms of this stipulation which contains the entire agreement of the parties. There are no oral or written agreements or understandings not contained herein.