You're still conflating the term "smart contract" and the idea of a legal contract.

That's like conflating "observer" in physics with a human staring at you or hearing someone talking about a Daemon on their server and talking as if it's a red skinned monster from hell perched on the server.

Imagine someone says

"This is a river, if you throw your money in it will end up somewhere, we call the currents a 'water contract', the only difference to a normal river is that we've got the paperwork signed such that this doesn't count as littering"

It does indeed end up somewhere and you're really really unhappy about where it ends up.

Who do you think you're going to take to court and for what contract?