What is equitable relief?

Equitable relief refers to a remedy determined by a court as just and fair in a given situation, rather than a remedy set forth by a law or statute. In the context of contract law in Pennsylvania, equitable relief is available when one party to a contract has acted unfairly, or if a contract contains an illegal provision or if there is a breach of contract. An example of this is when a court may order specific performance, meaning one party must complete the contract, even if a monetary payment cannot make a party “whole” again. Additionally, when a breach of contract has occurred, a court may grant an injunction, which is a court order that prohibits a party from taking a certain action. Finally, when there is an illegal provision within a contract, a court may grant a declaratory judgment, which is a court order that declares the legality of the contract or particular provisions of the contract. Through equitable relief, a court can craft a unique remedy to a unique situation, taking into account the individual circumstances of both parties.

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