[mindslight]

There is no case law or statute declaring it permissible to write down a contract on a piece of drywall in French, yet it would be safe to assume that doing so would be valid. Courts generally grant wide leeway to private parties to contract how they'd like. These parties chose to enter into a contract with a highly formal definition - with all its benefits and drawbacks.

In short, I think you're the one arguing uphill. In what way does this smart contract fail to meet the standards of a bona fide contract?

The only thing I can see from you in this thread is that the "sender didn't mean to". But this isn't some value transfer external to the contract, but rather due to operation of the contract that the CEO did intend to enter (the purchaser of an options contract similarly doesn't intend to lose money). So restating that in the framework of the contract would be something like the CEO didn't contemplate the possibility of a bug causing a significant loss. I could see that having legs in the case of investors losing money, but isn't the losing party here the one that drafted the contract?

edit: I didn't delete my comment. I've got delay = 5 in my profile, and I guess there's a way you can see my comment before 5 minutes are up? It might be cleaner if you move your reply to a separate comment.