I think the main problem is that it's very hard to preemptively defend against all abuses of a law or contract. It's the whole "letter vs. spirit of the law" divide: https://en.wikipedia.org/wiki/Letter_and_spirit_of_the_law

If tomorrow I sign a contract with my mobile phone carrier and it turns out that through some loophole in the contract they get entitled to the kidneys of my first born daughter then clearly I have a case to go to a tribunal and get it overturned as it's obviously not a reasonable clause.

I think people arguing that "code is law" (which is simply a modern form of "letter-ism") don't really know what they wish for. I guess is many are going to change their minds when those attacks get more and more common and they lose a ton of money because of an unforeseen and obviously unintended flaw in the contract code.