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.
Even where a risk is reasonably foreseeable, a court may not hold that a defendant has a duty of care. In determining this, the vulnerability of the plaintiff, whether the risk was ânot insignficantâ, and the nature of the harm suffered are essential considerations.egligence in its legal sense means a failure in law to do what a reasonable person would have done in the circumstances. To establish liability a plaintiff must first establish that the defendant owed a duty of care towards the plaintiff.