Can you imagine the owner saying he didnt get bitcoins from BenDavis on a sale because the owner forgot his keys?
If you give me an address and make a deal with me that if I send money to it, you'll send me some widgets, and I provably put money in the address, then no, I don't care if you have the keys or not. We have a deal and I held up my side, so you're in the wrong if you claim you didn't get your money.
Here's an address I don't have the keys to: 1KZ2Niypef5FZdycifLoofPZi7r1dC5QYf
If you can't control yourself and you accidentally deposit a bunch of money there, I hope you don't try to take me to court.