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.
Typically, if the defendant had a duty to act, did not act (resulting in a breach), and that breach caused an injury, then the defendant's actions will be classified as misfeasance. 1  There are several ways to determine whether the defendant had a duty to act (note: this is NOT an exhaustive list): 1  The defendant engaged in the creation of the risk which resulted in the plaintiff's harm. 2  Voluntary undertaking: The defendant volunteered to protect the plaintiff from harm.