The battle of the forms continues

The 'battle of the forms' is a tale as old as time with counterparties often exchanging contractual terms (quotes, invoices, purchase orders, contracts and the like) in an attempt to ensure that their preferred terms prevail.

Often, through this exchange, discrepancies are left unresolved and the parties are left arguing as to the proper terms of the contract when a dispute arises.

This type of conflict is generally resolved by the 'last shot' doctrine, which provides that the battle is won by the person who fires the last shot (i.e. the person who sends the final document in the series of exchanges leading to the conclusion of the contract).

However what happens when the parties conclude a contract and then enter into a subsequent contract for the same works without rescinding the first – does the 'last shot' doctrine still apply?