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.
Generally, courts recognize both express and implied assumption of risk. An express assumption of risk is one where the plaintiff explicitly states that he is taking on the risk of injury. Express assumptions of risk are often given in writing, either in a contract or a waiver signed by the plaintiff, but they can also be given verbally.