NO, I am saying if it was not accepted within 72 hours, and would only apply if someone wanted to pay the fee for it..
I don't know the right answer, I do know that there is no recourse right now if that happens.. And I feel something with recourse could help bitcoin go more mainstream.. Maybe a charge back model like credit cards or something would be better I don't know.. Just an idea..
BTC having, "no recourse," creates an entirely new sort of transfer of value system. It has different abilities (some that make it more powerful), then our traditional models of value transfer. People want to mold it into what they know which is what they're comfortable with.
In the instance you gave, I assume that the party sending the btc had already received value from the party receiving the btc. If the btc are lost it is a problem with the seller of value not the seller of btc. The agreement is good, why do you care to get your btc back.
This sort of feature could occur in 3rd party escrow services, and maybe once high bred multi sig can be levered (will still need 3rd party), but I don't believe it would ever be part of the main protocol.
Good luck!