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Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".
Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn't include visitors or those who aren't considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.
The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns 'escapes onto land', and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a person's enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.
Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.
Q. Ms.Malone lived in a house belonging to her husband's employer. Ms.Malone's husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbour's electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.
  • a)
    She can sue for nuisance irrespectiv e of her proprietary claim in the house.
  • b)
    She can't sue as she lacks a proprietary interest over the house.
  • c)
    It depends on the nature of the house whether it's a public or private property.
  • d)
    Interest in the property has no correlation with the suit for nuisance.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Nuisance (from archaic nocence, through Fr. noisance, nuisance, from L...
Refer to the first paragraph's first line. It clearly mentions option d as the reason.
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Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer?
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Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer? for Class 12 2024 is part of Class 12 preparation. The Question and answers have been prepared according to the Class 12 exam syllabus. Information about Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for Class 12 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for Class 12. Download more important topics, notes, lectures and mock test series for Class 12 Exam by signing up for free.
Here you can find the meaning of Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Nuisance (from archaic nocence, through Fr. noisance, nuisance, from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majestys subjects".Private nuisance is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded time. Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesnt include visitors or those who arent considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.The boundaries of the tort are potentially unclear, due to the public/private nuisance divide, and existence of the rule in Rylands v Fletcher. Writers such as John Murphy at Lancaster University have popularised the idea that Rylands forms a separate, though related, tort. This is still an issue for debate, and is rejected by others (the primary distinction in Rylands concerns escapes onto land, and so it may be argued that the only difference is the nature of the nuisance, not the nature of the civil wrong.) In summation, Nuisance means an unlawful interference with a persons enjoyment of property. Property rights in the land is necessary for an action in Private nuisance.Private nuisance is an obstruction to the right of private parties. Public nuisance is an obstruction to the right of public in general.Q. Ms.Malone lived in a house belonging to her husbands employer. Ms.Malones husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the toilet cistern was dislodged by vibrations caused by the next-door neighbours electricity generator, which fell on her causing her injuries. She sued her neighbour for nuisance.Decide.a)She can sue for nuisance irrespectiv e of her proprietary claim in the house.b)She cant sue as she lacks a proprietary interest over the house.c)It depends on the nature of the house whether its a public or private property.d)Interest in the property has no correlation with the suit for nuisance.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice Class 12 tests.
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