A Problem Assignment on Negligent Misstatement - Free Essay Example

Sample details Pages: 6 Words: 1713 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Tags: Contract Law Essay Did you like this example? Negligent Misstatement Elimination of the other two objects: First is about cleaner. The normal rules of negligence applied to the case of property owners and persons injured on the property. Because of this, the cleaner isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t the owner of the highly polished floor, which means cleaner doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have the duty of care to Dylan. On the other hand, about the floor polish manufacturer. The proprietor of store has more closely relationship to Dylan than manufacturer has. Besides, the owner of floor is proprietor, not the manufacturer, when the manufacturer translate the floor to the proprietor of store. As a result, cleaner and manufacturer donà ¢Ã¢â€š ¬Ã¢â€ž ¢t have responsibility to Dylan. Duty of Care: This is very similar to the facts of Australian Safeway Store Pty Ltd v Zaluznaà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, which applied the duty of care owned by property owners. Firstly, in this case, it is important to inspect whether Dylan and the proprietor of store satisfied the neighbour relationship. Dylan was a lawful customer. Quills was operating a store. At the meantime, Dylan injured on the highly polished floor, which is one part of ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s proprietor. The relationship between Dylan and Quills satisfied the neighbour test for duty set out in Donoghue v Stevenson, which means the proprietor of store must take reasonable care to avoid acts or omissions which proprietor can reasonably foresee would be likely to injure proprietorà ¢Ã¢â€š ¬Ã¢â€ž ¢s neighbour (Dylan). In other word, the proprietor of store owe a duty to Dylan. Unlike the facts of Romeo v Conservation Commission of the Northern Territory (1988) 192 CLR 431 (High Court), this case the risk of highly polished floor is obviously by the proprietor, but not consumer. Because it is hard to inspect the smooth degree of floor by a normal consumer. Standard of Care/Breach: It is reasonable foreseeable that person will easily slip on the hi ghly polished floor. No reasonable Quills have taken reasonable care to protect the customers from foreseeable harm, which is the highly polished floor, such as Strong v Woolworths Ltd. The proprietor should put a warning plate before the highly polished area. Unfortunately, the proprietor didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t take any action to avoid this risk. As a result, the proprietor breach the duty of care. Damage: The issue here was factual causation. Dylan suffer considerable loss both on physical and economic. It was necessary to apply a à ¢Ã¢â€š ¬Ã‹Å"but forà ¢Ã¢â€š ¬Ã¢â€ž ¢ test. Dylan would not suffer these lose, if the proprietor not breach the duty of care to him. As a result, the breach of care is the causation for the loss to Dylan, which cause him absence of four monthsà ¢Ã¢â€š ¬Ã¢â€ž ¢ work. Dylan will win a claim for loss of medical expenses and the damages which produced from the four months when he was out of work. This case is not similar with Metrolink Victoria Pty v Inglis (2009) VSCA 227. In Metrolink case, Inglis succeed for the loss of extra $7000 because it is reasonably foreseeable that crashing into a tram could lose the tram operator some revenue. In other word, the loss was not too remote. Similarly, Dylan will win the loss for out of work with four month and the expenses for medicine, because it is reasonably foreseeable that slipping on the highly polished floor could lose the revenue and paid medicine. However, the damages after four month will be hardly to remedy. The reason is that the proprietor of store impossible to recognise that Dylanà ¢Ã¢â€š ¬Ã¢â€ž ¢s leg did not heal quickly because of a hereditary bone defect, which means this situation is not foreseeable to the proprietor. Moreover, the reason why Dylan had to take on lighter work is the deferred recovery. In a word, the proprietor of store doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have a liable to the damage caused by Dylanà ¢Ã¢â€š ¬Ã¢â€ž ¢s lighter work. For moral appeals, th e proprietor of store would consider to negotiate to Dylan about his remedy for the time during his deferred recovery. The amount of damages depended on the detail of condition for an injury examined by accrediting body. Negligent Misstatement Jenny should sue Steve, the land surveyor in the employ of the Council Duty of Care: This is very similar to Tepko Pty Ltd v Water Boardà ¢Ã¢â€š ¬Ã¢â€ž ¢s case. whenever a person gives information or advice to another upon a serious matter in circumstances where the speaker realises, or ought to realise, that he is being trusted to give the best of his information or advice as a basis for action on the part of the other party and it is reasonable in the circumstances for the other party to act on the information or advice, the speaker comes under a duty to exercise reasonable care in the provision of the information or advice he chooses to give. Therefore, it is critical not only that the plaintiff relied on the defendantà ¢Ã¢â€š ¬Ã ¢â€ž ¢s advice or information, but also that the reliance reasonable in all the circumstance. In this case, there is no inducement to apply Jenny, who was thinking of purchasing five acres for a sheep farm, reliance was reasonable with the advice from Steve, who was a land surveyor in the employ of the Council. Subsequently, Steve own a duty of care to Jenny when advising the certain land was à ¢Ã¢â€š ¬Ã…“agricultural use onlyà ¢Ã¢â€š ¬Ã‚  and confirming that the zoning would not be altered. Jenny had reasonable relied on his advice. Because Steve was a land surveyor and normally had expert knowledge and information from land. In other word, but for Steveà ¢Ã¢â€š ¬Ã¢â€ž ¢s advice, Jenny will not purchasing property. On the other hand, Steve failed to inform the water-supply plan to Meadows, which is the key aspect to this case. As a result, the action of Steve is negligent of misrepresentation. As the Section 18 ACL, the representation was made in trade or commerce and i t was misleading à ¢Ã¢â€š ¬Ã¢â‚¬Å" therefore there was a breach of Section 18. Damages can be awarded because the breach of Section 18 caused the loss. Contract Law Mrs. Shi and her husband have a contract with Mr. Gao, similar with Todd v Nicol. There are three essential elements in contract. Offer and acceptance, intention to create contract, and consideration. Offer and acceptance: Mr. Gao have made an offer to Mrs.Shi and her husband to live with him. Although Mr. Gao has proposed to Mr. Shi and her husband should come to Melbourne to look after him. He also promised Mrs.Shi and her husband could live in the house rent free, and he would pay all expenses if they looked after him. Ms Shi and her husband sold their apartment and moved to Melbourne. Offer was existed when Mr Gao contacted his niece that invited her to come to Melbourne to look after him with free rent. Acceptance was existed when Ms Shi and her husband sold their apartment and went to Melbourne. Consid eration: Mrs. Shi sold their house, which was regarded as a consideration in the contract. Normally, the courts are reluctant to interfere a social or domestic arrangement. In Todd case, Todd quit her job, sold her furniture and moved with her daughter to South Australia. So the consideration were produced when Todd did these previous activities. In these case, Mrs. Shi and her husband sold their apartment before they move to Melbourne, which the apartment in shanghai, these factors which influenced the court were the cost of journey, the lack of any condition covering a possible return and the fact that if this was not an enforceable agreement Mrs. Shi and her husband would have been largely subject to what was no more than the whim of Mr.Gao. There are three essential elements of simple contracts. There are the unnecessary of formal document and written and requirement of consideration. As a result, with the existence of offer, acceptance and consideration, there is a contract. It is not a sample for social or domestic arrangement. Contract Law Harryà ¢Ã¢â€š ¬Ã¢â€ž ¢s advertisement is an Invitation to Treat in accordance with Partridge v Crittenden. Offer: as the case Harris v Nickerson, Partridge v Crittenden and Grainger Sons v Gough, an advertisement placed in media, normally, is regarded as an invitation to treat, not an offer. However, in this case, contract was existed when Doug accepted the price. Harry have made an offer to Doug in response to his invitation to treat. Doug rang and said he would pay $5,000 for the car. Harry has said that he will think the response to Doug for one week. Doug responded if he heard nothing from Harry within a week he would regard the car as his. So Doug accepted the offer from Harry. Acceptance: Harry did not responded to Doug in one week, which was regarded as a crucial issue through the whole case. Byrne Co v Van Tienhoven) revocation must communicate to offeree. There will be a contract if Harry ac cepted and responded the requests from Doug. Unfortunately, Harry didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t do any action. The similar case is Routledge v Grant. An offeror may make an offer conditional on the happening of a particular event. If that condition is not satisfied, the off lapses and cannot be accepted. According to this, in this case Doug has accepted Harryà ¢Ã¢â€š ¬Ã¢â€ž ¢s offer before Harry may revoked which means that Harry has breached the contract with Doug before offer lapse. When no time limit is mentioned, the offer remains open for a reasonable time: Ramsgate Visctoria Hotel Co Ltd v Montefiore (1866) LR 1 Ex 109; Ballas v Theophilos (No 2) (1957) 98 CLR 193. However, in this case, there is a limit time for Harry responded to Doug, and he did not answered it. Doug can be awarded damages. Consideration Harry can revoke response that told Doug about a week for consideration before the deadline time. There may be a contract if Doug accept Harryà ¢Ã¢â€š ¬Ã¢â€ž ¢s reques t. Because consideration is existed in that sentence. Harry will sale his car and Doug will have a week to have other opportunities to purchase other cars. Additional, the response of Doug revealed an additional terms. Doug would regard the car as his after a week with no response. This term was not mentioned by Harryà ¢Ã¢â€š ¬Ã¢â€ž ¢s response. In other word, it is a counter offer because of the additional term. Subsequently, with counter offer, Harry has a right to terminate his offer any time. Don’t waste time! Our writers will create an original "A Problem Assignment on Negligent Misstatement" essay for you Create order

Analysis Of Penders Health Promotion Model - 1869 Words

Theory This research question is well tied to Pender’s Health Promotion Model. The research question will highlight in some ways activities that individual do on their own to care for their disease, such as diet, regular monitoring of blood sugar levels and following up with their health care providers as recommended through their plan of care (Polit Beck, 2012). It also will show emphasis of the health promotion model, incorporating the health promoting behaviors through modification of their prior behaviors to ones that will allow them to live a somewhat healthier life with their new diagnosis. In the same token, the patients will have to have conscious awareness of the benefits of this change in their lifestyle, identify the barriers that can hinder the change from happening and know what benefits they will get out of it so they can enable themselves to commit to more health-promoting behaviors (Polit Beck, 2012). This model can help nurses empower their patient to advocate for their health, to understand that they have to coexist with their environment (interpersonal and situational barriers) and yet still able to learn to make wise choice, especially when it comes to health, and be able to relate priorities (Ho, Berggren, Dahlborg-Lyckhage, 2010). Methods The implementation of evidence-based practice requires a lot of preparation. The readiness of the healthcare workers, as well as the targeted population is critical to program success. Approval from theShow MoreRelatedPender s Health Promotion Model1128 Words   |  5 Pages Pender’s Health Promotion Model Theoretical Framework Analysis Alison Kascher Simmons College â€Æ' Health promotion is defined as the process of empowering individuals to make healthy lifestyle choices and motivating them to become better self-managers (Ricketts, 2014). 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Pender Theorist2696 Words   |  11 PagesPender, Health Promotion Model 1 In-Depth Theorist Presentation, Nola J. Pender Health Promotion Model Jennifer D’Andrea Description of the theory The Health Promotion Model (HPM), designed by Nola J. Pender, describes the multidimensional nature of persons as they interact within their environment to pursue health while increasing their level of well-being. Pender offers a theory that places importance on behaviors that improve health throughRead MoreA Research Study On Gestational Diabetes Mellitus ( Gdm ) Essay1590 Words   |  7 Pagesbetter improve their health in the future. Conceptual/Theoretical Framework The article did not state a specific framework, but I chose one from nursing-theory.org that best fit this article. I chose Pender’s Health Promotion Model. This model was designed by Nola Pender. Pender designed this model to be a helpful to models of health protection. 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Some are legitimate emergencies and urgencies, but unf ortunately the great majority are the result of non-compliance, lack of adequate knowledge in managing illness and failure to partner with their care provider to promote better overall health. Chosen Theory I chose Pender’s Health Promotion ModelRead MoreMid Range Theory Application For Health Promotion Model3079 Words   |  13 Pageson-going health conditions. In our ED, we see a huge volume of veterans who have chronic illnesses and conditions. I noticed that many re-peat ED visits that could have been easily avoided and prevented. Some are legitimate emergencies and urgencies, but unfortunately the great majority are the result of non-compliance, lack of adequate knowledge in managing illness and failure to partner with their care provider to promote better overall health. Chosen Theory I chose Pender’s Health Promotion Model

Expressing Essay Free Essays

My motto used to be; you can look pretty without being pretty. People used to ask me all the time what I mean by that. The reason why I used to say that is because used to be super insecure about my appearance. We will write a custom essay sample on Expressing Essay or any similar topic only for you Order Now That should have been pretty rare for someone who cared about their clothes as much as did. Fashion and design were my escape, when I looked nice had all the confidence in the world, I just felt so much better about myself. I felt important. I never used to tell anyone what my insecurity was but recently I have learned and realized that everyone is insecure. I believe that every life needs balance. That people should be well rounded and appreciate diversity. You should feel comfortable expressing yourself, which is really what fashion is all about. Some people try to tell us that clothes don’t matter. They try to tell us that inner beauty is more important than outer. We all would like to think that people care more about what’s on the inside, but that’s pretty far from the truth. How you dress says a lot about you. I do believe that everyone should respect their bodies. Eel very strongly that fashion is the easiest and most effective way to express yourself. Fashion can bring lives together. Everyone has insecurities at one time in their life, insecurities define us. But they are also a measure of our strength. The question I ask myself and others is: Can we overcome our insecurities and be proud of ourselves? Strength is our defense against the world. We need to be secure and realize we allow our insecurities to di sturb our peace of mind. Feel like if you focus those insecurities on a passion or hobby your life will be more at peace. You will feel more comfortable with yourself. It’s not easy to overcome insecurities. It took me awhile but I soon figured it out. We are all an abortion of society. Accepted by a few, judged by all, and rejected by most. All Of the following reasons to learn to love yourself for who you are. If you don’t love yourself nobody will. Life is full of contrasts. It has its ups and downs, rights and wrongs. It frequently fails to live up to our expectations, which is why we often at times feel disappointed. There are going to be times that no matter how hard you try you just can’t accept yourself as you are. Even though you’re convincing yourself that you are good enough, it just doesn’t seem to work. That’s because society defines beauty for you. That doesn’t mean you are not. Everyone is unique in their own way. Some may say you’re adorable and mom might not. You can’t please everybody. If you are fat, you’re a glutton. If you’re thin, you’re anorexic. If you read, you’re a nerd. If you don’t, you’re stupid. If you’re friendly, you’re fake. If you are silent, they call you rude. You just can’t do something without being labeled by the society. Labels are not important so don’t change yourself just because you don’t fit their standards of who you should be and what you should do. No one’s perfect, not even the people who tell you that you aren’t. Even if you put your heart, soul, skills and all you have in it, you will never find he perfection you are searching for because there is always a blemish in everything. Fight the negativity of life that is bothering you and think positive all the time. So stop wishing to become someone else. Stop hating your body or your personality and love them instead. If you do, you will learn to appreciate others imperfections and eventually, you can also help them recover and discover the beauty they have within. My new motto is; always remember that you are special and different from them and that difference makes you who you really are. I hope whoever reads this understands where am coming from and takes this to heart. How to cite Expressing Essay, Essays

History Individual Study Essay Example For Students

History Individual Study Essay How far did the policies of Olivares represent realistic solutions to the problems ofSpain?Introduction‘The view is rapidly gaining currency that not only did Olivares’ policies forSpain and its empire not differ markedly from those of earlier Spanish statesmen, but thatby and large the results of his manifold endeavours were both few and modest.’This understanding of the historiography of Olivares’ effectiveness from Israel,makes Olivares look unoriginal and ineffectual. However other historians, such as Elliotthave been far more sympathetic. ‘†¦the first and the last ruler of Hapsburg Spain who had the breadth of visionto devise plans on a grand scale for the future of a world-wide monarchy: a statesmanwhose capacity for conceiving great designs was matched only by his consistent incapacityfor carrying them through to a successful conclusion.’Were Olivares’ policies a realistic way out of Spain’s difficulties or did theyagg ravate the situation? To understand this I am going to look at both Olivares’foreign policy and domestic policy. Within foreign policy I propose to see how farOlivares pushed the reputaci?n of the state before domestic crises forced him to seekpeace. Among others the best areas to examine would be Olivares’ policies during theThirty Years War from 1622; the Mantuan War 1628-31 and the great revolts of Catalonia andPortugal in 1640. As for domestic policy I will need to look at Olivares’ initialreforms of 1623, why they fell through and the effect this had. Furthermore it isimportant to look at the areas where domestic policy coincides with foreign policy (in adefensive sense) in the Great Memorial, including the Union of Arms. I will also have tofind out if Olivares’ policies were consistent, or whether they became more and moredrastic during his term of office. Firstly though, to understand if the policies wererealistic or not, I will have to look into t he real problems of Spain. Where exactly didthese problems lie and what areas required alteration to keep Spain afloat? From thispoint I will go on to see the policies in action and from this I will gather whether ornot they were realistic. 1. The problems with SpainOn an international scale, Spain between 1580 and 1620 was at the crest of her wealth andpower. Her supremacy was the dread of all other nations, and therefore its destruction wasthe cherished object of statesmen for a century. Her galleons ruled the seas and herarmies were feared. Yet due to the internally bad reputation that industry and commercehad, Spain’s economy was faltering. In comparison with her European neighbours, Spainwas industrially, agriculturally and commercially stagnant and wallowing in herold-fashioned militarism. With a vast and newly acquired empire, Spain was rapidlypropelled to the front of the world stage, but the costs of maintaining this empire provedcrippling. She manufactured very little that her neighbours required, apart from treasure. Yet with the mass influx of gold and silver from the colonies, treasure prices collapsedand in the long term led to rampant inflation. Table adapted from a graph in Years Imports of treasure in millions of pescos Indexnumbers of prices in silver (taken from the first year i.e. 1580, 1585, 1590 etc.) Index numbers of money wages (taken from the first year i.e. 1580,1585, 1590 etc.)1580-1584 29.5 98 1001585-1589 24 105 1091590-1594 35 108 1191595-1599 34.5 118 1211600-1604 24.5 132 1311605-1609 31 138 1601610-1614 24 129 1651615-1619 30.5 128 1641620-1624 27 129 1631625-1629 24.5 121 1621630-1634 17.5 132 1701635-1639 16 124 1751640-1644 14 133 179Yearly Spain had to acquire more and more wealth to maintain equilibrium and so yearly shespiralled closer and closer to bankruptcy. When silver mines had nothing more to yield ortreasure fleets were lost at sea, Spain was forced to borrow on a tremendous scale withforeign bankers. Taxes were raised on an already overtaxed private sector. In some years,all the merchants’ profits were seized in order to pay off debts, which either ruinedthe merchants or forced them to leave the country. Therefore Olivares came to his ministry at a time when there was anexpress need for reform. During this time, ideas for reform were mostly forwarded by thearbitristas; literally proposers of reform. However the bulk of their proposals criticisedwhat was directly in front of them. To find the real source of Spain’s problems amore global perspective is required. It was not the corrupt pensions and favours sappingCastile of its life and blood; it was military expenditure. The protection of such largeand scattered territories was the heart of Castile’s difficulties. From the above one can identify four areas in which reform wasdesperately required. These areas were: internal corruption; finance; trade and the burdenof the empire and military expenditure upon Castile. 2. What were Olivares’ attempts to curb Spain’s problems, andwere they realistic? Inevitably, under the influence of the arbitristas, Olivares saw thedesperate need for change in order to preserve Spain as a world power. Reform wasgenerally seen as a means to this end, but if reform threatened to upset the balance ofpower within Spain it would probably be dropped. It was very easy for Olivares to come upwith grand-scale plans for reform, but he found it impossible to implement them. Furthermore attempting to implement reformaci?n, while still trying to win reputaci?nthrough war, was impracticable. There were definite limits as to how far one could reforman early modern government, steeped in imperfection that had become a habitual part oflife. Many historians have illustrated that Olivares’ inability to see this limit,due greatly to his energy and impatience, was the key reason for his failure both as areformer and a maintainer of Spain’s reputacion. ‘†¦he tried to take shortcuts to objectives which required a more elaborateapproach. His vision of a greater Spain was too ambitious for the period of recession inwhich he lived.’ ‘(Olivares was) very inclined to novelties, without taking into account where theymay lead him.’Olivares’ first attempt at reform is a chief example of his over-ambitious nature, aswell as his grandiose plans. The Junta Grande de Reformacion had given variousrecommendations; a Junta re-es tablished by Olivares and his uncle, Zuniga, in August 1622. Its main aim was to eradicate corruption. Some of the recommendations, embodied in aletter of October 1622, were: the abolition of municipal offices; a national bankingscheme, to be funded by 5% of all wealth; abolition of the milliones and alcabala taxes,to be replaced by the institution of a single consolidated tax. Lynch believes thatOlivares may have used Juntas to side-step the councils. However Olivares called theCortes to seek approval, when the proposals for reform became Twenty-three Articles forReformation in February 1623. It was evident by their actions that the proposals hurt toomany vested interests, for example the abolition of offices was naturally opposed sincethe members of the Cortes were all officeholders. Furthermore closing all the brothels andpreventing emigration was simply impractical. These areas of reform show that Olivares waswell aware of many domestic problems which needed addressing. However domestic reform wasnot Olivares’ first priority. Ã¢â‚¬Ë œHis prime concern was the preservation of Spain as a world power, and this heconceived as a problem not of internal resources but of foreign and military policy.’Hence when the need for money became absolute, Olivares simply retreated on manyproposals. A good example of this was the reversion to the Milliones in 1624; the end ofOlivares’ attempts to put the crown finances into a sounder state. Olivares returned to the idea of reform again in the Great Memorial, given on Christmasday 1624. Many of his previous ideas were resurrected with a vital new angle; that ofunity. Olivares saw the monarchy as too varied within Spain, and that the other kingdomswere not pulling their weight. In the Great Memorial, Olivares advised the king to†¦Ã¢â‚¬ËœÃ¢â‚¬ ¦reduce these kingdoms†¦to the style and laws of Castile, with nodifferentiation in the form of frontiers, customs posts, the power to convoke the Cortesof Castile, Aragon and Portugal†¦ if Your Majesty achieves this, you will be the mostpowerful prince in the world.’ Taken out of context this may seem like an attempt to get rid of the privileges (jueors)held by the non-Castilian kingdoms. However it seems Olivares’ intentions in thiscase were to have a mutual and integrated partnership with benefits for all the kingdoms. Cerebral Palsy Essay ConclusionDue to the financial strain of war there was a desperate need to find new and more stablesources of revenue. Since the councils were becoming more obstructive, Olivaresincreasingly relied on the Juntas or sub-committees to aid his policymaking. In 1634 theJunta de Ejecaci?n effectively replaced the council of state as a policy making body. Within these Juntas Olivares placed able and loyal men who were responsible forimplementing various new taxes. For example there was a new salt tax in 1631; in 1635 thejuros was attacked. This was the annual interest that was paid off on loans. For all thejuros held by natives, half of the yield was confiscated, while for any foreign juros theentire yield was taken. This method was continually employed throughout the followingyears. In 1637 all legal or official documents had to be written on a stamped paper, whichwas taxed. In the same year 487,000 ducats of American silver was seized and incompensation juros were distributed. There was a great deal of office selling, and areturn to feudal dues, where the nobles were expected to provide men and their arms. Earlyon, it seems that Olivares’ schemes worked very well in the short run. In 1634,Hopton, the British ambassador, stated that the Spanish crown’s revenue had doubledover the past four years. However the practicalit y of Olivares’ policies wasbeginning to wane, since there was a limit as to how far one could keep draining theresources of the nobility. Though he was very effective at squeezing money out of Castile,there was fast coming a time when it would be squeezed dry. Many of his measures, such asthe mass office selling, were only successful in the short-term. Therefore a steadiersource of income was required. For Olivares, the only conceivable way of doing this was by making amore concerted effort to make the Union of Arms work. Following various successes inFrance and Germany, the war was rapidly degenerating again with the loss of Breda 1637 andBreisach in December 1638. The loss of Breisach meant that the Spanish road was severedand the only way to get reinforcements in to the Spanish Netherlands was by sea. InOctober 1639, Tromp, the Dutch admiral, defeated the fleet of Don Antonio de Oquendo, atthe Battle of the Downs. This took out Spain’s naval capability in one blow. Furthermore control of Brazil was lost to the Dutch after a joint Portuguese and Spanisheffort failed in 1638. From all these events Olivares felt that all of his gargantuanefforts were doomed to failure. His contempt for the nobility was clear. He felt there wasa distinct lack of leadership from any of the nobles, despite his efforts to train men inthe Imperial College of Madrid. It was this lack of leadership that pushed Olivares tolook for peace in 1640. However this was to be difficult since Richelieu was unlikely tomake any reasonable agreement, while France was in a stronger position than Spain. Howeverthe war effort simply could not go on, since Castile was drained of men and resources, aswell as the economic situation being grave. Due to the seizing of silver, the tradebetween Seville and America had collapsed, as merchants had lost confidence. This lastsource of income was now crushed and the principle foundations of Spain were slippingaway. To make the Union work, the kingdoms of Portugal and Catalonia would have to pull theirweight a great deal more, due to their increasing reluctance to grant economic andmilitary assistance to the king. However, Olivares would need to alter the constitutionsof both the kingdoms; this would be especially hard within Catalonia. It seems thatPortugal held the best scope for manoeuvre, and in 1634 Princess Margaret of Savoy becamegoverness of Portugal. Through Margaret, Olivares hoped both to quench the lamentations ofRoyal neglect and achieve greater control over Portugal, by infiltrating the governmentwith Castilians disguised as advisers. Unfortunately for Olivares, the Portugueseimmediately saw through the ‘advisor’ scheme, leading to constant argumentwithin the government. The populace had never favoured the union with Castile, andalthough the taxes were going towards the defence of her possessions in Brazil, it didnothing to reconcile the population. In 1637 the aristoc racy still felt isolated from theCrown, and minor riots broke out. Although these came to little, they were an ominousindication of the potential for revolt. When France declared war upon Spain in 1635,Catalonia was in a strong bargaining position, since her eastern border was with France,thus opening the possibility of co-operation with France. Olivares decided to challengethe Catalans head on by using their boarder in the war against France, bringing Cataloniain to the war whether she liked it or not. Therefore he hoped to force Catalonia in theUnion by more covert means, because all prior attempts for direct action had failed. However Olivares’ plan backfired, seemingly because he failed to recognise the deephatred of Madrid, the viceroy and all royalty among the Catalan people. Following thefailure of a six-month siege against the French at Salses, Olivares was furious andordered the royal ministers of the principality to ignore the Catalan constitution sincedefence of the realm outweighed it. This confirmed to many Catalans, the suspicions ofOlivares’ ultimate motives the Castilianisation of Catalonia. Hence the peoplebecame more and more reluctant to stop the French. The fundamental agitators for revoltwere the Catalan clergy, lead by Pau Claris, who appealed to the peasants to hold fast toCatalonia’s historic liberties. In February, Olivares planned to meet with the Cortesof Catalonia to discuss the Union, with the shadow of the army backing him. However theCortes never met and between February and March 1640, the Catalonians clashed with thearmy. The pace of the revolt increased as prisoners were taken, notably Tamarit, acolleague of Claris. It was only on learning that Claris had been freed and Barcelona hadbeen marched on, that Olivares woke up to the fact that he was facing a large-scalerebellion. From that point he reversed his policies and on the 27th May, he ordered stepsto be taken to re-conciliate the Catalans. However his actions were just too late and ariot on 7th June, put the diputcio in control following the brutal murder of the Count ofSanta Coloma. Meanwhile the events within Catalonia had severe repercussions on Portugal leading to arevolt on 1st December 1640, when the Duke of Braganza was proclaimed King John IV. Olivares, seeing that total anarchy was a close possibility, looked to make peace with theDutch and the Catalans. However the Catalans were not interested since Spain’s troopswere still advancing towards Barcelona. On 23rd January, it was stated that Catalonia wasallied to the King of France. Immediately French forces aided the rebels and the Spanisharmy under Los Velez, was thwarted at Montjuich. This defeat set the seal of the 1640 disasters. Following years of neglect andexploitation the economy and political system were now in a state of disintegration. Although the process of disintegration had begun before Olivares, he can be seen toundermine the Castilian economy and furthermore cause the implosion of the Americaneconomy. Montjuich spelled the end for Olivares, although he made superhuman attempts toraise more men to form an army. However the opposition to him was too strong. He was hatedas a tyrant in Castile, and even nobles within his family were plotting against him. Philip IV was very reluctant to part with his valido since he had brought him up frombirth. However Olivares’ worsening of the economy through his meddling with thevellon currency, and failure to prevent the French from taking Rousillon in Septemberdisplayed that he was simply incompetent. The Count of Castrillo was working in Madrid toundermine the valido’s position, and on Olivares’ return it was made clear thathis time in office was limited. On 17th January 1643 the decision was taken to giveOlivares his leave, and on 23rd January he left for exile following twenty years in Madridunder his king. A statesman whose capacity for conceiving great designs was weakened only by hisconsistent incapacity in carrying them through to a successful conclusion.