Luckily there is Common law. Contracts are all about consent; abusing a gap/hole/vulnerability in a contract is obviously non-consentual and thus illegal. Without such a legal framework, no contract in the world could exist. No contract is perfect.
Agreed.
My father specializes in contract law, graduated top of his class at L.S.U. and was former West Coast Division Attorney for Exxon.
I once was fretting over the fine print of a contract for a $205,000 license I sold for CoolPage in 2001, and he advised to not kill the contract negotiations because he said the court would not enforce a one-sided contract.
So contract law interprets what is the intent, not just what is written in the contract.
Do you mean the intent of the DAO is not to enrich somebody by $50 million by exploiting a hole in the coding?