An adult can't sue an infant in tort to get around the infant's contractual incapacity.

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Quizplus · Accepted Answer

An infant (a person under the legal age of majority, typically 18 in many jurisdictions) is generally considered to have limited capacity to enter into contracts, making most contracts they sign voidable at their discretion. However, this protection does not extend to torts. An adult can sue an infant in tort because tort liability is based on the commission of a wrongful act leading to harm, not on the capacity to contract. The statement as phrased seems to confuse the issue by suggesting suing in tort as a way to circumvent contractual incapacity, which is a misunderstanding of how torts and contracts are treated legally.

An Adult Can't Sue an Infant in Tort to Get