P owned land and paid D to build a barrier by the river so that his land wouldn’t get flooded. When it did flood, X, a tenant of P’s, sued D for the loss of his crops caused by the flood. CA allowed his action, the majority on the grounds that property is an exception to the privity rule since the covenant of D “runs with the land”. Lord Denning criticised the privity rule itself:
Lord Denning: The privity rule only entered the law in Tweddle and before this it did not exist: the actual rule was that “one who was not a party to the contract, provided that it was made for his benefit and that he has a sufficient interest to entitle him to enforce it [can enforce it]”.