The question will become: Do you apply a subjective standard — that the club and the player and the agent knew he wasn't going to play this long? That could be tough to prove. What did the parties actually believe, or what could be fairly inferred from the circumstances? But if it's an objective standard, it's just: Would a reasonably prudent club and player believe this player is likely to finish out the duration of his contract? That's a little easier standard for the league to prove.
-Matt Mitten, a law professor at Marquette University and director of Marquette Law School's National Sports Law Institute, speaking to NYMag.com (h/t to our pals at Blueland Chronicle).
Any would-be or actual lawyers want to chime in on this?