I'm with Jake on this - unless someone can pull a relevant example out the casebook.
Here are some relevant ISAF Cases. The first two illustrate that a Leeward boat can break rule 16.1 in passing situations.
ISAF Case 60:
When a right-of-way boat changes course in such a way that a keep-clear boat, despite having taken avoiding action promptly, cannot keep clear in a seamanlike way, the right-of-way boat breaks rule 16.1.
:
When a right-of-way boat changes course, the keep-clear boat is required to act only in response to what the right-of-way boat is doing at the time, not what the right-of-way boat might do subsequently.
The third case underscores that a Windward boat can break rule 11 simply by getting too close.
ISAF Case 88:
A boat may avoid contact and yet fail to keep clear.
Regards,
Eric
