general questions

Your answers should make reference to cases and statutory provisions where relevant

1) What is the ratio decidendi of a case? Briefly explain the ratio decidendi of Attorney-General (Cth) v RT & Co Pty Ltd (No 2) (1957) 97 CLR 146.

2. Explain the doctrine of separation of powers. Which arm of the government carries out the legislative, executive or judicial functions? What happens if only one arm of the government exercises legislative, executive and judicial roles?

3. What are the main elements of section 18 of the Australian Consumer Law (ACL)? In seeking to establish a breach of section 18 ACL, is the intention of the defendant irrelevant?

4. Kenny buys a mobile phone from Carol at the asking price of $300. Kenny pays Carol $300 and takes possession of the mobile phone. When Carol later discovers the mobile phone could have been sold at a higher price, she demands Kenny to return the mobile phone. Based on the scenario, what is the consideration? Is Kenny under any obligation to return the mobile phone to Carol? Can Carol argue that consideration needs to be equal to the market value before it is considered valid?