Problem
Barry agreed to purchase Simon's condominium for RM500 000 and went to view the same before signing the sale and purchase agreement. Simon told Barry that the built-up area was 1500 square feet, knowing full well that it was only 1200 square feet. Barry then paid RM50 000 towards the deposit. He later discovered that the built-up area was actually only 1200 square feet. Barry is angry and seeks your advice whether he can terminate the contract on the grounds of 'fraud'. Would your answer be different if Simon truly believed that the built-up area was 1500 square feet?
Support your answer with the relevant sections of the Contract Act, 1950 and/or decided cases, if any.