 He considered the case of "Overseas Tankship (UK) Ltd v The Miller Steamship Co", in which the Privy Council concluded that foreseeability of damage was an essential part of determining liability in nuisance.The Council stated that "It could not be right to discriminate between different cases of nuisance so as to make foreseeability a necessary element in determining damages in those cases where it is a necessary element in determining liability, but not in others".If, as Goff was stating, "Rylands" was an element of nuisance, this decision should apply to it.