Always remember that without sailing rules there is no sailboat racing. The rules that we now sail under have been under refinement for over a century. Without the rules, there would be a demolition derby and not a sailing contest.
Lets take a look at an example. Two boats on port tack are approaching the windward mark. Boat A is to leeward, calls for room at the mark from boat B; both within the 4 boat length circle.
Boat A is coming up head to wind with sails luffing and still calling for room at the mark and is apparently having trouble laying the mark. Boat B does respond by slightly coming up but hits the luffing boat A. This in turn nocks boat A into the mark and boat B proceeds to round the mark; both boats call a protest. What do you think?
The protest decision would be ruled in favor of boat A. The reasoning is because boat A asked for room at the mark and did not receive it. The other point which creates some difficulty in the ruling is boat A had no luffing rights and was just trying to make the mark.
Remember, no luffing within the 4 boat length circle unless you take your opponent beyond the mark and notify him so. The proper action for boat B would have been to come up with boat A or tack away and protest but not hit boat A.