Fraud is a statement made without any honest belief as to its truth or ... made knowingly, or without belief in its truth, or recklessly, careless whether it be true or false.. Derry v Peek [1887 90] All ER 1. Motive is immaterial to an action in deceit. Because fraud is a tort the innocent party can sue for damages in deceit and if it induces the making of a contract the innocent party may sue the fraudulent party in tort for damages for deceit even if the innocent party affirms the contract. Upon fraud the contract is rendered voidable.