I have been given an implied terms problem question surrounding the transfer of a fictional footballer between two sides.
A clause is attached that when he scores 20 goals a further payment of £200,000 is made to the selling club.
I have completed the first problem which is what happens if he is sold before he has reasonable chance to scored the goals by citing Brighton v Manchester United.
The second problem is a bit more complicated. What happens if they player scores 18 goals then suffers a career ending injury. Should the selling club be entitled to claim a pro rata payment of £180,000 as it was a virtual certainty that he would have gone on to score the goals? Basically I think that they want me to explore what the resolution is if a contract becomes impossible. Is this Taylor V Caldwell (1863) in which it was found that contracts can be discharged by frustration in the event that a person or property essential for performance was harmed or destroyed?
Any help would be much appreciated and will get rep as soon as I can award it tomorrow.