Final answer:
The factors of incorporation by a previous course of dealings include consistency, regularity, and reasonableness. These factors ensure that past dealings, when consistently and reasonably applied, can be considered in new legal situations. Legal decisions are expected to be non-arbitrary, equitable, and may evolve with new court interpretations.
Step-by-step explanation:
The factors of incorporation by a previous course of dealings are primarily consistency, regularity, and reasonableness. Consistency refers to the uniform application of terms and practices. Regularity indicates that these terms and practices have been repeatedly applied over a series of transactions. Lastly, reasonableness implies that the terms and past dealings are fair and sensible within the context of the business relationships. These factors are critical for determining whether the actions or terms from previous dealings can be considered binding in a new contract or legal situation. Decisions in the legal system should not be arbitrary or discriminatory and should treat entities equitably. Furthermore, the legal principle of stare decisis allows for some flexibility in the court's interpretations, enabling the development of new precedents when warranted by changing times or circumstances, as highlighted by historical Supreme Court rulings such as Plessey v. Ferguson and Brown v. Board of Education.