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Explain whether Mike should be excused from not performing under the contract with Jim:
Facts
Mike ran an excavation business whereby he was contracted by builders to use his excavating equipment in order to dig ditches where electrical and plumbing lines are to be installed for the construction of homes and buildings. Mike had agreed to perform service on December 13 for Jim; however, upon arriving with his excavating equipment was unable to dig due to the frozen ground. It should be noted that while Mike does not own any additional equipment, there is machinery available that would allow for mike to have accomplished what he was engaged to do. However, as Mike was reluctant, and did not want to damage his equipment, phoned Jim and told him that it will be impossible for him to perform.
Why or Why not should Mike be excused.

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