Depends on the contract parties. However i do see smart contracts automating part of contracts and possibly holding money for example if something happens then the money will be automatically transferred. Its going to be a while before implementation
smart contract is a misnomer here. its not really a contract moreso than a construct of code. unless the parties interacting with the code have placed contractual obligations on this interaction, this is no different than two people using the same program. you can use legal force however if a party acts in bad faith. the argument surrounding the slock.it breach was that the person interacting with the contract to steal the funds acted in bad faith, as the assumption was that everyone would interact with the contract as intended. this is essentially fraud, but it can be unintentional.