What are the elements of actionable negligence?

Thorson, P., set out the elements of actionable negligence in the case of Magda v. R., 1953 CanLII 304 (FC), [1953] Ex Cr 22; [1953] 2 D.L.R. 49 as follows: Without elaborating the matter further I adopt the statement in Charlesworth, at p. 20, that actionable negligence consists of the following elements, namely, circumstances giving rise to a duty to take care owing to the complainant, failure to attain the standard of care prescribed by the law for the fulfilment of that duty and actual damage suffered by the complainant.”

It is admitted that the plaintiff was an invitee. In law the defendant’s duty toward the plaintiff as invitee is to take reasonable care that the premises are safe. In the case of Indermaur v. Dames (1866), L.R. 1 C.P. 274; 35 L.J.C.P. 184; affirmed, L.R. 2 C.P. 311; 36 L.J.C.P. 181 as reported in 35 L.J.C.P., Willes, J., stated at p. 190: And with respect to such a visitor, at least, we consider it settled law that he, using reasonable care on his part for his own safety, Is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger which he knows or ought to know, and that where there is evidence of neglect, the question whether such reasonable care has been taken by notice, lighting, guarding or otherwise, and whether there was contributory negligence in the sufferer, must be determined by a jury as matter of fact.”