In most parts of the world, a court would also rule a simple send to a wrong address as unintentional...
And that's exactly what I don't like. We had a chance to get away from courts (or other groups) overruling clear agreements. Giving that power up now will open doors for later.
I'm not sure we can get away from courts, unless arbitration is built into these agreements/ Smart Contracts. Even then, courts are usually a weapon of last resort should one side still feel aggrieved after arbitration. The "rule of law" is a key tenant in most countries.
If we live in a nation states, that power is already ceded whether we like it or not (or even attempt to contract out of it).