Texport Oil Co v M/V “Amolyntos” - US Court of Appeals (Second Circuit) (Feinberg, Timbers and Miner Ct JJ) - 9 December 1993

Cargo contamination claim - Measure of damages to be awarded - Whether plaintiff entitled to declaratory judgment - Whether cargo in fact damaged on delivery

The plaintiff bought 60,000 tonnes of Romanian gasoline from Bulk Oil, a Swiss Company. The gasoline was purchased on CIF terms. As sold, the gasoline was not marketable in the US because the octane level was too low to meet US standards. The plaintiff intended to add 40,000 to 50,000 barrels of toluene to raise the octane level and lower the vapour pressure in order to meet those standards. The toluene was to be added in one blending process that could be completed within 24 hours. The blending would be done after the cargo had been off-loaded from the carrying vessel in New York.