What is the burden-shifting and enhanced burden of proof of a fiduciary relationship?

6. Although not always expressly stated, the basis upon which the aforementioned burden-shifting and enhanced burden of proof rests is, essentially, that undue influence will not be presumed; Connell v. Colwell, 214 Conn. 242, 252, 571 A.2d 116 (1990) (fraud is not presumed and burden of establishing fraud rests onparty who alleges it); and that the presumption of fraud does not arise from the relationship itself. We note, however, that this rule is somewhat relaxed in cases where a fiduciary relation exists between the parties to a transaction or contract, and where one has a dominant and controlling force or influence over the other. In such cases, if the superior party obtains a possible benefit, equity raises a presumption against the validity of the transaction or contract, and casts upon such party the burden of proving fairness, honesty, and integrity in the transaction or contract. . . . Therefore, it is only when the confidential relationship is shown together with suspicious circumstances, or where there is a transaction, contract, or transfer between persons in a confidential or fiduciary relationship, and where the dominant party if the beneficiary of the transaction, contract, or transfer, that the burden shifts to the fisuciary to prove fair dealing. A fiduciary seeking to profit by a transaction with the one who confined in him has the burden of showing that he has not taken advantage of his influence or knowledge and that the arrangement is fair and conscientious. 721 A.2d at 1186 (additional quotations, citations and alterations omitted).

6. Although not always expressly stated, the basis upon which the aforementioned burden-shifting and enhanced burden of proof rests is, essentially, that undue influence will not be presumed; Connell v. Colwell, 214 Conn. 242, 252, 571 A.2d 116 (1990) (fraud is not presumed and burden of establishing fraud rests onparty who alleges it); and that the presumption of fraud does not arise from the relationship itself. We note, however, that this rule is somewhat relaxed in cases where a fiduciary relation exists between the parties to a transaction or contract, and where one has a dominant and controlling force or influence over the other. In such cases, if the superior party obtains a possible benefit, equity raises a presumption against the validity of the transaction or contract, and casts upon such party the burden of proving fairness, honesty, and integrity in the transaction or contract. . . . Therefore, it is only when the confidential relationship is shown together with suspicious circumstances, or where there is a transaction, contract, or transfer between persons in a confidential or fiduciary relationship, and where the dominant party if the beneficiary of the transaction, contract, or transfer, that the burden shifts to the fisuciary to prove fair dealing. A fiduciary seeking to profit by a transaction with the one who confined in him has the burden of showing that he has not taken advantage of his influence or knowledge and that the arrangement is fair and conscientious. 721 A.2d at 1186 (additional quotations, citations and alterations omitted).