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Corporate Power and ResponsibilityIssues in the Theory of Company Law$
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J. E. Parkinson

Print publication date: 1995

Print ISBN-13: 9780198259893

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198259893.001.0001

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Managerial Efficiency

Managerial Efficiency

Chapter:
(p.97) 4 Managerial Efficiency
Source:
Corporate Power and Responsibility
Author(s):

J. E. Parkinson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198259893.003.0020

This chapter assesses the legal response to shirking and managerial incompetence, the other problems that have been assumed to be exacerbated by the separation of ownership and control, by way of the duty to exercise diligence, care, and skill. The chapter concentrates on the influence of weak owner control on management efficiency. It also surveys the law of negligence as it applies to directors, and addresses whether the role of the courts as external monitors of management efficiency could usefully be increased. The claim that the separation of ownership and control does not lead to serious inefficiency is discussed. The view of some market theorists that the operation of market forces renders liability rules in this area superfluous is explained as well.

Keywords:   managerial efficiency, ownership, owner control, law of negligence

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