Elegant variation
Note the highlighted words:
The license agreement does not include or reference a noncompete agreement. If the license agreement did include a covenant prohibiting competition, special attention would need to be paid to the drafting of that provision . . ."This is classic elegant variation (I've posted about it here), and it actually confused me for a split second when I read it. I was not sure that a covenant prohibiting competition was the same things as a noncompete agreement.
Many experts condemn elegant variation. Are they right?
2 Comments:
Hi Wayne. I just stumbled upon your blog (through Google Reader).
As for elegant variation--I think the experts are correct, at least as it concerns legal writing, for the very reason that you mentioned--there is a risk of confusion by the reader.
Jim Dimitri
IU School of Law - Indianapolis
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