This article examines into the problem of pre-contractual liability for damages when concluding commercial transactions. The relevance of the topic stems from the non-existence of a general knowledge of its extent and nature in the specialized literature. It examines the separate theoretical statements and special features within the set of facts for its emergence. The author supports the notion that the commercial legislation should be amended by an explicit provision that sets the limits of the pre-contractual liability in the commercial transactions as is the case in the civil legislation framework