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BLABES DIKE´ (βλάβης δίκη).; This action was available in all cases in which one person had sustained a loss by the conduct of another; and from the instances that are extant, it seems that whether the injury originated in a fault of omission or commission, or impaired the actual fortune of the plaintiff or his prospective advantage, the action would lie, and might be maintained, against the defendant. The two great classes into which βλάβαι may be divided are the ἔνθεσμοι and the ἄθεσμοι,--terms found in the grammarians only, not in classical writers. The first of these will include all causes arising from the non-fulfilment of a contract to which a penal bond. was annexed, and those in which the law specified the penalty to be paid by the defendant upon conviction; the second, all injuries of property which the law did not specify nominatim, but generally directed to be punished by a fine equal to twice the estimated damage, if the offence was intentional; if otherwise, by a bare compensation. (Meier, Att. Proc. p. 186, &c., p. 475, &c.; Dem. c. Mid. p. 528.43.) The declaration of the plaintiff seems always to have begun with the words Ἔβλαψέ με, then came the name of the defendant, and next a description of the injury, as οὐκ ἀποδιδοὺς ἐμοὶ τὸ ἀργύριον in Demosthenes (pro Phorm. p. 950.20; cf. in Pantaen. p. 973.22).

It is of course impossible to enumerate all the particular cases upon which this action would arise ; but the following may be specified. Callippus brings an action βλάβης against the banker Pasion, for breach of contract in paying over the balance of a deceased depositor, Lycon, to one Cephisiades; Lycon having, as the plaintiff alleges, stipulated on making the deposit that it was to be paid to Callippus only. In a later action against the son of Pasion, Apollodorus, he claims as a creditor of Pasion's estate: the latter is a δίκη ἀργυρίου, not βλάβης (Demosth. c. Callipp; p. 1240.14). Hence Caillemer argues (9me Etude, pp. 30, 31), with good reason, that the δίκη βλάβης did not, as such, form a part of the law of debtor and creditor. On the other hand, Nausimachus and Xenopeithes, who had brought an action ἐπιτροπῆς against their guardian Aristaechmus, and had compromised it for three talents, re-open the question after his death, and bring a δίκη βλάβης against his sons (Demosth. Or. 38). This can only mean that a claim against the estate of Aristaechmus, too vague in its character for a δίκη χρέους, sheltered itself under the convenient generality of a δίκη βλάβης. Supposititious testimony given in the name of another, thereby rendering such person liable to an action ψευδομαρτυριῶν, was again a βλάβη at Attic law (Demosth. c. Aphob. iii. p. 849, § § 15, 16). In the speech of Demosthenes πρὸς Βοιωτὸν περὶ τοῦ ὀνόματος, the plaintiff Mantitheus treats as a βλάβη the inconvenience caused by his half-brother, Boeotus, assuming his name. Again, the liability of an owner for the acts of his slave or his domestic animal came under this head; as in the old law of Solon quoted by Lysias οἰκῆος καὶ δούλης βλάβην ὀφείλειν (c. Theomnest. 1.19; cf. Plato, Leg. 11.936 C, D); and the speech of Lysias, περὶ τοῦ κυνὸς, quoted by Harpocration (s. v. καρκίνος).

The proper court was determined by the subject of litigation. A βλάβη in the market, like the damage done by Philocleon to the cakewoman's basket (Aristoph. Wasps 1407), would come before the Agoranomi; dangerous buildings, before the Astynomi; commercial and mining cases, as a rule, before the Thesmothetae; those arising out of the law of inheritance, before the Archon Eponymus.

[J.S.M] [W.W]

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