Allen bought a new sub-compact car in order to get to and from his fishing camp which requires a substantial amount of off-road driving. He had specifically told the car dealer that the car "was needed to get to my recreational property and back with some fishing equipment".

On the very first trip to the fishing camp, the car broke down while driving over some rocky off-road terrain.

Allen plans to sue the car dealer for breach of the impliedcondition of fitness in sale of goods act.

Allen will likely succeed in that claim.