This is a COMPANY LAW AND CAPITALISM (LLB) problem question; the Essay

This is a COMPANY LAW AND CAPITALISM (LLB) bother question the question is on the assignment criteria field of this application form below - Essay exemplarand Boris are the executive Directors of the Company, but from the perspective of ownership of shares, it may be noted that Clarke Bros has a greater ownership stake, since they own 5% of the shares while Boris and Amber own 2% each. Berle and Means point bulge out that with the growing size of corporations, ownership and management have been separated1 however companies are now so reign by directors that their shareholders may be denied an effective say in the decisions of the Company. Justice Plowman in the geek of Parke v Daily News Ltd2 held that the primary province of the directors of a corporation is to their shareholders, superseding their duty to their employees.In the consummation of his duties, it is inevitable that a Director will face a conflict of interests, but he is undeniable to be self regulated by a stron g code of ethics in his dealings. The executive director Director is the principal agent of the Company but under the law, has been held to be subject to the same standards of inscription and good faith in his duties as that expected from trustees3 and therefore has a fiduciary duty to the shareholders4. However, the functions of directors originated as a flexible concept in the courts in the nineteenth and twentieth centuries. For example in the sideslip of directors in Turquand v Marshall, the Court held that it could not interfere with the discretion exercised by them.5 In the case of Re Dunham and Co, the Court found that the director has been guilty of considerable negligence yet held that he had not breached his duty of practical application and care.6 However the duty of skill of a Director was best laid out by Romer J in the Re City Equitable Fire Insurance Co Ltd7 where he state that while a Director was expected to exercise a certain level of skill and diligence that an ordinary reasonable man would apply under the circumstances, this did not mean that he was required to reason a level of skill that was not commensurate with his experience. Moreover, a