A claim for negligence in design and manufacture of a product requires expert evidence to establish the cause of failure and to show that the cause was attributable to the manufacturer's failure to take reasonable care; repeated product failures alone, without expert evidence on design, are insufficient to support an inference of negligence. Pre-contractual representations about product performance, including statements about bearing life and promotional descriptions such as 'state-of-the-art', are not promissory and do not become contractual terms merely because the purchaser relied on them in deciding to enter the contract.
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