[jackpeterfletch]

Basically both examples in order to work would need legal enforcement or guardianship outside of Ethereum.

Which they both need to work today anyway. So whats the point?

Until ether contracts can hold people to their word, are recognised by the judicial system (which wouldn't be able to effect it without some weird judge API), or is able to enforce some kind of judiciary process itsefl (SKYNET WARNING), they'll always break down at the physical barrier.