To be fair, it’s not uncommon for lawyers to be able to give a definitive answer. They will often say things like ‘the court will weigh these things and it depends on which one they consider most important’.
And this is why contracts and licenses should follow consensus and not try to set it. If two parties think they agree, the contract formalises it and helps them avoid misunderstandings and provides a framework for resolution if there are problems later. If two parties disagree, attempting to reconcile that with a contract or license is just a way of ensuring that some lawyers down the line make a load of money from both of them.