Originally Posted by HMurphey
... there are different levels to determining which vessel has the Right of Way (RoW) or is the Burdon Vessel/Giveway Vessel...

First Level: Starboard Tack as rightaway over a Port Tack Vessel...

Second Level: A windward vessel (upwind) shall keep clear of a leaward vessel...
While it may be convenient to think of the rules as a hierarchy, they are not. The conditions when each of rules 10, 11, and 12 apply are mutually exclusive.

Rule 10 applies between boats on opposite tacks.
Rule 11 applies between boats on the same tack that are overlapped.
Rule 12 applies between boats on the same tack that are not overlapped.

I hope that helps,
Eric