In accordance with? According to? These very similar phrases appear with almost unbelievable frequency in legal texts, and in such a wide variety of contexts that it is very hard to tell them apart. However, they do have slightly different meanings - and sometimes these differences are of crucial importance.
In a nutshell, ‘in accordance with’ is used to indicate that the matter referred to has mandatory effect. It means roughly the same as ‘in compliance with’. For instance:
The work must be carried out in accordance with the client’s specific instructions.
Whereas ‘according to’ generally indicates reportage. It tells the reader that the matter referred to is derived or reported from a certain source. For instance:
According to my lawyer, I could claim substantial damages for this infringement.
In case this explanation is not entirely clear, consider the following sentences:
According to the weather forecast it will rain tomorrow.
OR
In accordance with the weather forecast it will rain tomorrow.
The first of these sentences is correct – it is reportage that simply tells us what the weather forecast said. But the second – ‘in accordance with the weather forecast’ – indicates that the weather forecast actually governs the weather, which is clearly not the case.
Confusion may arise in situations in which both expressions can be used, but with different emphasis. Compare:
Rent shall be paid in accordance with paragraph 7 of the lease agreement.
and
Rent shall be paid according to paragraph 7 of the lease agreement.
The difference between these sentences is that the first tells us that paragraph 7 governs the way in which rent is paid, while the second tells us where to find the obligation to pay rent (i.e. in paragraph 7).
Hi Rupert,
ReplyDeleteThanks for your explanation. It is the clearest yet.
I would like to accept it as the authoritative explanation for its simplicity and self-evident correctness; but I'd also like to know if you can support your explanation grammatically.
In other words how do the phrases fit with their classifications as adverb (according to), and noun (in accordance with). I don't have a way to do this.
Greg
Hi Greg
ReplyDeleteI apologise for the delay in responding - I have only just noticed the existence of the comment feature.
I'm afraid I can't provide grammatical support for my explanation, which is based on observation of usage. The only suggestion I can make is that the composition of these phrases is idiomatic to an extent (as with many phrasal verbs - e.g. 'put up with').
Best regards
Rupert
Dear Rupert,
ReplyDeleteI can see where you’re coming from here, but what you say isn’t completely correct.
The problem is that while ‘according to’ often has the reporting function you mention, it can also mean ‘in accordance with’. Indeed, this use is very common. An example: ‘Once you have prepared your manuscript according to the instructions below, please visit the online submission web site’ (from an OUP site).
Thus it is incorrect to say that the difference between
(1) Rent shall be paid in accordance with paragraph 7 of the lease agreement
and
(2) Rent shall be paid according to paragraph 7 of the lease agreement
‘is that the first tells us that paragraph 7 governs the way in which rent is paid, while the second tells us where to find the obligation to pay rent (i.e. in paragraph 7)’—since (2) can have the same ‘in compliance with’ meaning that (1) has. What you give as the meaning of (2) is but one possibility.
I hope this makes things clearer.
All the best,
Marvin DuBois