Branch Developments Ltd trading as Iberostar Rose Hall Beach Hotel v The Bank of Nova Scotia Jamaica Limited

Application of Account Agreements-Generally, later contracts rescind or vary previous contracts in relation to the same subject matter-Most recent Agreement applicable-No basis to have recourse to the common law-Implied Plea of non est factum-No duty to explain effect of Agreements-Fraudulent cheques containing forged signatures-Account debited based on the payments on fraudulent cheques-Alleged breach of contract-Express provisions covering customer's duties-Effect of forgery clause-Forgery clause neither unreasonable nor ambiguous-Scope of verification/conclusive evidence clause-Effect of failure to maintain adequate systems and controls to prevent and detect fraud and monitor conduct of employees-No breach of contract-Alleged breach of duty of care-No fiduciary relationship in existence-Any duty of care owed in tort cannot exceed the contractual duty-No tortious liability